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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...
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Certain segments of the Lawfare readership--and they know who they are--have been clamoring for a roundup solely dedicated to analysis of the legality of the targeted killing of Anwar Al-Aulaqi, so I wil...
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Stewart Baker – former Assistant Secretary for Policy at DHS and former NSA General Counsel – has an essay in Foreign Policy arguing that government lawyers are interpreting laws governing offensive cybe...
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By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...
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A friend in the intelligence community, using sophisticated data-mining techniques of a sort that threaten our civil liberties (namely, checking the D.C. government's web site), has learned that nobody h...
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The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case.
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Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may...
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The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it:
1. As the Chief Judge of the Military Commissions Trial Judicia...
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Hugo Rosemont, a Security Policy Adviser to the UK security industry and a doctoral student, writes in with the following account of a speech in London by Lord Carlile, who served until recently as the B...
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In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.
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At least one member of Congress believes that killing Al-Aulaqi is an impeachable offense: Congressman Ron Paul. Dan Hirschhorn of the Politico reports on his remarks in a New Hampshire town hall meeting.
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Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b...
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Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing:
I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...
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NPR's Investigations Unit reports that five inmates who were convicted in terrorism cases in the U.S.
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The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing. Carrie Budoff Brown* at Politico reports that form...
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Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki.
With respect to US law, I have noted previously that if Congress becomes co...
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"God bless Ben," Spencer Ackerman writes, "he's really trying hard to think through what the rules ought to be for killing an American citizen accused of terrorist membership." My effort in that regard, ...
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In an editorial on Friday about the al-Awlaki killing, I stated:
An attack on an enemy soldier during war is not an assassination. During World War II, the United States targeted and killed Adm. Isoroku ...
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Over at Attackerman, Spencer Ackerman has written two posts (here and here) posing challenging question about the legality of the Al Aulaqi strike; in the second post, he also critiques my earlier due pr...
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Greg Miller has a story for the Washington Post discussing the al-Aulaqi strike from the perspective of CIA-military "convergence." It's a topic near and dear to my heart. 'm close to finishing off a l...