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[UPDATED 3:18 p.m.] Lawyers for military commission accused Ali Hamza Suliman Ahmad Al-Bahlul have filed their supplemental, what-do-we-make-of-Hamdan brief with the D.C. Circuit. The government's respo...
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Ismail Khan of the New York Times (not to be confused with the Afghan warlord with the same name) reports that a senior Al Qaeda commander by the name of Abdel Rehman al-Hussainan was killed by a drone s...
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A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S.
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Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...
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Last week I noted that U.S.-blessed Qatari arms shipments meant for Libyan rebels were diverted to Islamist terrorist groups in North Africa. This morning’s papers imply the possibility of something sim...
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Last week in DC, the ABA Standing Committee on Law and National Security put on its annual "review of the field" conference. It was a great event, as always. One of the highlights was a very interestin...
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Just after the election, I wrote:
As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und...
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Today is the 71st anniversary of the bombing of Pearl Harbor---which is surely a national security event, if there ever was one. I just read FDR’s speech from the day, courtesy of Ben, which is quite pow...
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Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to...
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Raha Wala of Human Rights First writes in with this comment on Jeh Johnson's Oxford Speech:
Ken and Jack are right that DoD General Counsel Jeh Johnson, in his remarks at the Oxford Union, made a serious...
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The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
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As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f...
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John C.
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Over at Washingtonian, Shane Harris has a very generous blog post about Ritika and my recent chapter on James Madison and civil liberties during the War of 1812---which was published as part of a recent ...
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It doesn't strictly fit into the Lawfare domain, but this episode was interesting enough that it seemed worthy of a blog post: The Republican Study Committee (a very conservative caucus within the House...
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Three events at Brookings are coming up in the near future that will be of interest to readers:
1. The Internationalization of Law
Ninth Annual Raymond Aron Lecture Featuring Professor Mireille Delmas-...
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First up: on Monday the Hedges plaintiffs, with the United States' consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had request...
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Let’s begin with some big news. SecDef Leon Panetta has announced that President Obama intends to nominate Gen. Lloyd Austin as the next commander of CENTCOM to replace General James Mattis.
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Jeh Johnson, the Department of Defense's General Counsel, will resign effective midnight on December 31 of this year. According to his resignation letter, Johnson plans to take some time off, and then t...
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After responding yesterday to Matt and Ken on lethal autonomous robots, Human Rights Watch's Tom Malinowski now takes aim at my critique of his group's report on robots with autonomous lethal capability.