Jeremy K. Davis[*] [Full text of this Article in PDF is available at this link] I. Introduction In the early morning hours of January 3, 2020, an American MQ-9 Reaper drone fired several missiles into a motor vehicle convoy leaving Baghdad International Airport.[1] Among those killed in the U.S. attack was Major General Qassim Soleimani, Iran’s […]
Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee
Scott Harman-Heath[*] [Full text of this Article in PDF is available at this link] Introduction For nearly three months beginning in September 2017, the United States detained a U.S. citizen “unnamed, uncharged, and, despite his request, without access to counsel.”[1] The government asserted that John Doe was detained as an enemy combatant in Iraq and that no […]
Defending Against the Military: The Posse Comitatus Act’s Exclusionary Rule
Anthony J. Ghiotto[*] [Full text of this Article in PDF is available at this link] Introduction On March 10, 2009, Michael McClendon shot and killed his mother in their hometown of Kinston, Alabama.[1] He then travelled to Samson, Alabama, where he shot and killed five additional family members.[2] McClendon then fled in his vehicle, continuing to […]
Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?
Susan Landau & Asaf Lubin[*] [Full text of this Article in PDF is available at this link] Introduction The first of Edward Snowden’s disclosures was a Foreign Intelligence Surveillance Court (“FISC”) order requiring that Verizon provide the National Security Agency (“NSA”) with daily Call Detail Records (“CDRs”) for all communications to, from, or within the United […]
Defense and Deference: Empirically Assessing Judicial Review of Freedom of Information Act’s National Security Exemption
Paulina Perlin[*] [Full text of this Article in PDF is available at this link] Introduction In 1981, the Washington Post submitted a request to the Department of Defense under the Freedom of Information Act (“FOIA”)[1] for “information concerning the failed attempt in April, 1980, to rescue American hostages held in the United States embassy in Teheran.”[2] […]
First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers
Mailyn Fidler[*] [Full text of this Article in PDF is available at this link] Introduction In October 2018, the federal district court in Minnesota sentenced former Federal Bureau of Investigation (“FBI”) agent Terry James Albury to four years in prison under the Espionage Act for disclosing internal FBI documents to the press.[1] Albury pleaded guilty […]