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The major challenge to legitimating the shadow war against terrorists is that the Executive branch is hand-tied by its own secrecy rules, and cannot disclose what it is doing to permit Congress and the A...
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The single most challenging, interesting, and profound comments I have read about President Obama's speech the other day is this post by Bobby. Drawn from his ongoing book project, Bobby poses the questi...
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I can do no better than quote Oliver Wendell Holmes from his famous speech to the University of Virginia in 1884:
So to the indifferent inquirer who asks why Memorial Day is still kept up we may answer, ...
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This week, I interviewed CDR Walter Ruiz, a lawyer for accused 9/11 co-conspirator Mustafa al-Hawsawi.
Our discussion touched on, among other things: the fairness of military commission rules; Ruiz's co...
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Some readers may have read about the ongoing proposal that SoftBank purchase a controlling interest in Sprint/Nextel. As the Washington Post has reported, the Dish network has made a competing offer to ...
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Former Director of National Intelligence Dennis Blair ABC, speaking about how leaks from the top of the Obama administration set the tone for leaks further down that are subject of DOJ investigations:
Ma...
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In response to some of my commentary on President Obama's speech, the estimable Alex Remington tweeted at me the following South Park clip---which seems, uh, relevant to a president who wishes to present...
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As I noted yesterday, I have an essay at CFR on the President's speech. I don’t write the headlines or the summaries of my pieces, and I was surprised and dismayed when someone at CFR summarized my piec...
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The main topic on Lawfare this week was the President's address at the National Defense University on counterterrorism policy.
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Ryan Goodman and Sarah Knuckey maintain that the new targeting framework announced by the President “raises some troubling questions and leaves important older questions completely unanswered.” Their li...
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This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a...
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Here it is. Filed with the brief were two appendices, the first of which is here.
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Ben Emmerson, UN Special Rapporteur on Human Rights and Counterterrorism---who Ben and I interviewed for a special edition of the Lawfare Podcast---issued the following statement on President Obama's spe...
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Along with President Obama's speech yesterday on counterterrorism policy, the White House released a document titled Fact Sheet: U.S. Policy Standards and Procedures for the Use of Force in Counterterror...
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As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...
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Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy a...
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My reactions to the President’s speech can be found in this essay at the CFR page. The headline writers gave it the title of Obama Passes the Buck: The President's Empty Rhetoric on Counterterrorism. T...
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Coverage of President Obama’s speech yesterday is plentiful: Here are Peter Baker of the New York Times, Karen DeYoung and Greg Miller of the Washington Post, and Mark Mazzetti of the Times with an
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In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement concluded ...
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Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve...