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Jack is certainly right that Senator Paul "is painting a misleadingly very unattractive picture of the circumstances in which the United States uses drones abroad in words that will now be played around ...
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Over at the Lawyers, Guns, and Money blog, Robert Farley has an interesting post taking me to task for ignoring the siege of Harfleur in my discussion of Henry V and the law of armed conflict. Farley quo...
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Recall that Senator Paul asked John Brennan whether he believed the President “has the authority to order lethal force, such as a drone strike, against a U.S. citizen on U.S. soil, and without a trial?,”...
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In its latest transparency report published this week, Google began sharing very general data about the number of National Security Letters (NSLs) it receives from the FBI or other government agencies se...
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As the New York Times reports, Sen. Rand Paul (R-Ky.) has been speaking on the Senate floor since before noon in an effort to filibuster the nomination of John Brennan, President Obama’s chief counterter...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following useful compilation of administration warnings about the effects o...
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The other day, Steve wrote a post noting a letter from habeas counsel at Guantanamo to the effect that "all but a few" detainees are currently on hunger strike to protest searches and confiscations and a...
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Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...
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A few months ago, I attended a robotics conference in Edina, Minnesota, invited by a gentleman named Andrew Borene, who helped organize it. There were a lot of impressive robots at the conference. But in...
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This week, Attorney General Eric Holder and DCIA nominee John Brennan both responded, separately and in writing, to Senator Rand Paul's inquiry regarding the government's authority to use lethal force ag...
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Duke Law School held its annual LENS conference over the weekend. Its theme this year was “Battlefields, Boardrooms, and Backyards: The New Face of National Security Law.” Here is the conference program,...
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Let’s begin with Afghanistan news. Amie Ferris-Rotman of Reuters reports that, this summer, NATO will announce the size of the training force that will remain in Afghanistan after most troops leave in 20...
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Last year, the House Intelligence Committee passed out a bill, the Cyber Intelligence Sharing and Protection Act (CISPA) that eventually was adopted with bipartisan support in the House of Representative...
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Last June, a collection of advocacy and religious organizations, businesses, and individuals in New York City and New Jersey filed a federal lawsuit against the City of New York, alleging the New York Ci...
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The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t...
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One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...
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Via the Center for Constitutional Rights comes news of this alarming development--"that most of the men at Guantánamo have been on hunger strike for more than three weeks," apparently in response to a se...
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Over the weekend some media reported that AQIM bad guy Mohktar Belmokhtar had been killed in northern Mali. But military leaders won’t confirm the terrorist's death, according to Adam Nossiter of the Ne...
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The United States has filed its appellate brief in the case of Al-Janko v.
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The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate invo...