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Peter Baker, who is finishing a book on the Bush Presidency, has a long front-page article in the New York Times today entitled "Obama's Turn in Bush's Bind" discussing how the mounting domestic and inte...
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For those of you who have spent the weekend wondering what the next administrative change at Lawfare is going to be, wait no more. The advent of the Lawfare News Feed has made our news ticker (the rollin...
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This came in via Twitter today, from Lawfare reader and former Brookings intern, Meaghan Maher.
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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...
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Georgetown professor Anthony Clark Arend - old friend to many of us at Lawfare - has a new short post on whether judicial oversight of drones would be a good idea - or constitutional.
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Noah Feldman has a piece entitled Obama’s Drone Attack on Your Due Process, which concludes:
The white paper should have said that due process doesn’t apply on the battlefield. By instead making due proc...
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Continuing Lawfare's discussion of the Drone White Paper, we're pleased to publish the following guest post by Geoffrey Corn on the question of threat identification and the use of force; our thanks to h...
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Speaking of the John Brennan confirmation hearing, here's the video, courtesy of CSPAN:
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John Bellinger and Christoper Anders of the ACLU this morning had a discussion of John Brennan's testimony, drone strikes, and the administration's legal positions on CSPAN's Washington Journal this morn...
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NPR's Weekend Edition ran the following extended interview with me this morning on the subject of drone strikes, the White Paper, and the administration's legal views more generally. It isn't anything ne...
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The most interesting element in Scott Shane’s interesting story on the growing pressure for a Court to vet drone strikes (which quotes Bobby several times) is that the ACLU opposes it. Shane says that H...
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Ben Emmerson, the Special Rapportuer for Human Rights who is conducting an inquiry into the legality of (among other things) U.S.
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From the New Yorker:
U.S. CANCELS REGULAR DRONE STRIKES ON SATURDAYS
WASHINGTON (The Borowitz Report)—Citing budgetary concerns, the United States announced today that it would discontinue regular Satur...
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Let’s start with something that isn’t drone- or John Brennan-related: cybersecurity (or the lack thereof).
Richard A. Clarke has this op-ed in the Washington Post making the case for greater internation...
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Lawfare is always pleased to note new books by friends and contributors, tag them as Readings, and encourage discussion of them here and around the web. So please welcome Curtis Bradley's brand-new book...
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Here's a counter-intuitive view of the White Paper--from the always-interesting Andrew Kent:
Although many critics with a strong civil liberties and human rights bent deplore the DOJ White Paper for vari...
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John Yoo has a piece in the WSJ which argues that the real problem with the White Paper is that it extends due process protections to enemy combatants on the battlefield, thereby threatening to diminish ...
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There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t...
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I asked the other day what was becoming of the persons who presumably were being captured by French, Malian, or other forces fighting the Islamist extremists in Mali. Turns out there are a couple of ans...
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The problems that Rick recently identified with how both the DOJ White Paper and its critics treat the concept of "imminence" --- specifically, that they are borrowing a concept generated in a domestic ...