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Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House's decision not to treat Dzhokhar Tsarnaev as an "enemy combatant."
A transcript is below.
G...
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Among other things, the story describes the defendant's interrogation, Sunday, pursuant to Miranda's public safety exception:
BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect i...
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I suppose this was inevitable: A Twitter hashtag has developed devoted to the proposition that Dzhokhar Tsarnaev is innocent: #Freejahar, for those curious to check it out. Spencer Ackerman describes it ...
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Can the targeted killing program be reformed? That will be the topic of discussion today at 4pm EST, as the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Human Rights h...
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Lawfare's crack team of contributors has been busy invading The Huffington Post. Hot on the heels of Susan and Ritika's excellent backgrounder on Chechnya and Kyrgyzstan, I've posted an article arguing t...
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A few Lawfare readers have wondered why, given the past attention we have paid on this blog to the Alien Tort Statute, none of us have had anything to say about last week’s landmark decision in Kiobel. ...
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While the manhunt for one of the Boston bombing suspects was underway Friday, Susan and I wrote up this short annotated bibliography linking to pertinent resources about the conflicts in Chechnya and Kyr...
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The Miranda issue is over. As Wells noted earlier, Tsarnaev made his initial appearance before a magistrate judge, at the hospital, and at that time the judge informed Tsarnaev of his right to remain si...
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Einstein 3 is the Federal Government's expanded system for protecting Federal cyber networks through the inspection of all traffic heading to Federal networks. It is both an intrusion detection and an i...
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The freshly unsealed criminal complaint was filed sometime yesterday.
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Ben and Steve are speaking on a panel at the CATO Institute entitled "Drones and the New Way of War" along with Rosa Brooks of Georgetown Law and Benjamin Friedman of CATO. The event will be moderated b...
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There is a plethora of analysis, debate, and speculation about the capture of suspected Boston bomber Dzokhar Tsarnaev. Drake Bennett at Bloomberg talks about the facial recognition technology that might...
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There will be no shortage of charges in the indictment that will issue against Tsarnaev shortly. Many if not most will be ordinary violent-crime charges rather than terrorism-specific ones--though they'...
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Mary M. Laurie, a third-year law student at Penn State Law, has rewritten the DOJ White Paper on targeted killing from the perspective the Chinese government. She explains:
China considered using a drone...
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Ben Fox of the Associated Press has a particularly good account of the situation at Guantanamo. Because it was posted on Friday, amid the late unpleasantness in Boston, most people undoubtedly missed it-...
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The Daily Mail ran the following picture in this article about the raid on the home of alleged Ricin-mailer Kevin Curtis:
Notice the device the guy on his knees is holding.
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The following guest post is from Professor Geoffrey Corn (South Texas College of Law).
While there is still much we do not know regarding the Boston marathon bombings, there is enough information (and ...
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The Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island has said it expects to represent Boston Marathon bombing suspect Dzhokhar Tsarnaev, according to Mir...
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It's kind of a cliche to observe that it's been quite a week. Having spent five years in Boston and at the ‘Tute, I was pained to see my old stomping ground start to resemble a war zone during these past...
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Sens. Lindsey Graham and John McCain were quick out of the box last night in declaring that the Obama administration should hold Dzhokar Tsarnaev in military detention:
Now that the suspect is in custody...