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"Does it really matter, from a legal perspective, whether the U.S.
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Here are the reports from the Federal agencies on the new incentive programs I mentioned:
Department of Treasury [this is the official link -- but it isn't working just now]
Department of Homeland Secu...
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The other day, Jack posted an excerpt from a Foreign Policy article by Professor Bruce Ackerman, advocating for Senator Wyden to take advantage of the Speech and Debate Clause and disclose classified inf...
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Consistent with the earlier cybersecurity Executive Order, the Administration has been working on ways of incetivizing the private sector to adopt the Cybersecurity Framework under development by NIST. ...
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Let’s begin with all things Al Qaeda. Sources revealed that Ayman al-Zawahiri allegedly told Nasir al-Wuhayshi, leader of AQAP and Al Qaeda’s number two, to “do something.” Barbara Starr of CNN reports t...
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Three Guantanamo detainees filed their opening brief yesterday in Aamer v. Obama. Shaker Aamer, Nabil Hadjarab and Ahmed Belbacha are appealing the D.C. District Court’s denial of their motions for a pre...
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This story from Ellen Nakashima and Anne Gearan, in the Washington Post, reports that the threat leading to the closure of so many embassies and consulates involves a direct order from Ayman al-Zawahiri ...
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The New York Times editorial page is annoyed, though not surprised, that
some politicians are trying to exploit the [embassy closure] episode by arguing that it proves the value of the National Security ...
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David J.R. Frakt---a legal scholar, former defense counsel with the Office of Military Commissions, and a Lt. Col. in the U.S. Air Force Reserve JAG Corps---writes in with the following extended thoughts...
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Two developments in Hatim et al. v. Obama et al., the D.C. Circuit case regarding JTF-GTMO's detainee access procedures for defense counsel: one, the filing of additional briefing regarding the stay of a...
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In this post I want to offer some extended thoughts on the question of encryption and its intersection with surveillance on the web. The jumping off point for this discussion is a recent article by Decl...
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With the current controversies over the NSA's surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area.
In this area, governme...
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Most people already know that U.S. embassies around the world are closed through at least Saturday. And lots of media are covering it.
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A note of the thanks to the law students who have been buying text books using our sidebar Amazon widget. This is hugely valuable to the site, as textbooks are criminally expensive, but it costs you noth...
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There's a lot of truth in this:
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An article in the Washington Post today draws attention, once more (see here, for example), to the lingering question of what will become of the lingering population of detainees (all non-Afghans) remain...
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Smart blog post from CIA veteran Paul Pillar over at the National Interest. It opens:
The brouhaha over some of the National Security Agency's collection activities is the most recent example of a tenden...
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Bruce Ackerman has a piece in the FP arguing that Senator Wyden, who has been disappointed in the quantity and quality of Executive branch disclosures related to surveillance, should “let Americans know ...
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For those who are interested in the details of the latest revelations about the NSA XKeyscore program, including some of the essential details that are elided in some of the public coverage, I was pointe...
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A Lawfare debate ensued over an amicus brief filed in the Al-Bahlul D.C. Circuit appeal.