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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following thoughts on fusion centers:
As Matt Waxman noted last month, the...
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Last Friday, a Fourth Circuit panel issued a surprising decision in Yousuf v. Samantar, in which it concluded that “officials from other countries are not entitled to foreign official immunity for jus co...
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Best wishes to all, on this, the most Lawfare-relevant holiday around.
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Readers probably won't be surprised that, as Professor Andrew Kent noted at the end of his guest post, I've already drafted a longer response to Andrew's important and provocative new essay, "Do Boumedie...
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For those seeking a respite from pre-election analysis and predictions, you've come to the right place. Or at least, the closest thing to right place based in Washington, D.C.
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No, it wasn't a cyber-attack. I was doing some work on the Wiki Document Library and accidentally password protected the entire site. Thanks to those of you who brought this to my attention, and apologie...
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A year ago, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I argued that unless the Obama Administration did a better job explaining the legal a...
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Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...
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[Update (11:41 a.m.
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From The Onion:
MIRANSHAH, PAKISTAN—According to CIA officials and sources on the ground in the region, an unlikely friendship has developed between a 9-year-old Pakistani boy and a U.S. MQ-1 Predator dr...
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Lots of Libya news before the weekend. Greg Miller at the Washington Post reports on the breaking news about the CIA’s response and rescue efforts in the immediate aftermath of the attack on the U.S. con...
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I’ve had a chance to read the draft Executive Order on cybersecurity now and several thoughts spring to mind.
For those who like the bottom line up front: I am, honestly, of two minds about this effort....
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Does anyone have any idea what this is about?
In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...
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Slate has an interesting article on this report concerning the acquisition by German law enforcement agencies of software for surveillance:
Earlier this year, German politician Jan Korte submitted a s...
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The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...
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Well, here's the "publicly circulating" draft of the executive order on cybersecurity, helpfully entitled: White House Draft Executive Order (Publicly Circulating Copy - 11-1-12). Note however that is d...
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The top story of the day should be about the results of a Department of Energy investigation into the security of our nuclear facilities. Turns out that a contractor sent the questions and answers for a ...
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The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expir...
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Back in March, we posted this teaser for our then-draft chapter on civil liberties and executive power during the War of 1812 which, as you all know, is celebrating its 200th anniversary this year. The b...