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No sooner had I finished my last post than I came across this elegant little argument from Adam Serwer:
I think Wittes is right that the original AUMF contained no . . . temporal or geographic constraints.
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I have a fair bit to say in response to Daphne Eviatar's comments from earlier today concerning my post about yesterday's New York Times editorial. Let me start with a brief comment about Daphne's compla...
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In yesterday's Washington Post, Professors Bruce Ackerman and Oona Hathaway editorialized about the "Death of the War Powers Act."
Their piece is provocative, in part because it suggests that the execut...
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Daphne Eviatar of Human Rights First sent in the following in response to my post from yesterday contrasting the New York Times editorial and the Washington Post editorial on Buck McKeon's AUMF proposal.
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I was delighted to host an excellent panel event today at Brookings on the future of the Electronic Communications Privacy Act. For ECPA nerds, the video below is well-worth watching, as it contains a ve...
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I'm pleased to report that the Fourth Annual National Security Law Workshop is shaping up to be the best one yet. Geoff Corn and I started this event several years ago, in partnership with the ICRC and ...
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Anyone who wants to understand in a nutshell the difference between the New York Times editorial board and the Washington Post editorial board on counter-terrorism issues--and, actually, on a broader arr...
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...the Iranians have announced that they are initiating human rights reporting about conditions in the West.
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SCOTUS Blog notes that:
The Court [has] relisted for a fourth time . . . Khadr v. Obama, 10-751 . . . suggesting that statements respecting, or dissents from, the denial of cert. may be forthcoming.
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A few comments on Toffiq al-Bihani’s cert. petition, which Larkin just posted.
First, I am surprised by al-Bihani’s first argument. He contends that the D.C. Circuit’s January 2010 decision in al-Bihan...
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The Supreme Court denied cert this morning in Mohamed v. Jeppesen Dataplan, leaving in place the Ninth Circuit’s en banc opinion affirming dismissal of a civil suit (relating to rendition) on state secre...
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Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C.
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I spoke today at this event at AEI--the video for which available below:
The operation that killed Osama bin Laden has reignited the debate over Central Intelligence Agency (CIA) interrogations. Numerous...
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Many a state enacted its own set of terrorism-related criminal laws in the aftermath of 9/11. These laws have largely gone unused, as most cases that might otherwise fall within their scope have been de...
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I was inexpressibly moved yesterday when I opened a surprise package that showed up in my office from a military base in Afghanistan. The package contained this cup, along with a note from Brig.
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Michael Hirsh (National Journal) has a very interesting piece today at the Atlantic (online that is, not sure if this is going into print as well). Here's a key slice of it:
Obama has also demonstrated ...
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Other Guy Named Osama Bin Laden Can Finally Relax
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I know, I know!
A goodly number of Lawfare readers are having a good smirk at my expense following the release of Bobby's and Larkin's and my new detention tome. Didn't I promise, one reader was graciou...
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Well, at least we learned something about fisheries.
Following this morning's lengthy oral argument in Oceana, Inc. v. Locke, the D.C. Circuit had an oh-so-brief brief discussion of Khan v. Obama in ope...
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Charlie Savage has the goods this morning regarding the administration's potential responses to the looming expiration of the 60-day WPR clock in connection with the war in Libya. It's a must-read piece...