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(By Benjamin Wittes, Robert Chesney, and Larkin Reynolds)
It is with great pleasure that we announce the second edition of the The Emerging Law of Detention: The Guantanamo Habeas Cases as Lawmaking. As...
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I guess the search to replace FBI Director Mueller has not been going so well. The President announced today that he will ask Congress to pave the way for Mueller to serve an additional two years.
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Lawfare readers may be interested in this event taking place next Tuesday, May 17th at Brookings.
The Electronic Communications Privacy Act of 1986 placed restrictions on government acquisition of electr...
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Josh Rogin reports a cryptic comment from Senators Kerry and McCain with respect to the looming expiration of the WPR's 60-day clock. Here is Kerry:
"I'm not hearing from my colleagues that they feel the...
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On Friday morning the D.C. Circuit will hear oral argument in Khan v. Obama (Case No.
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The appellant's brief and government's brief are now available for Suleiman v. Obama, one of the Guantanamo habeas cases currently before the D.C. Circuit Court.
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The Supreme Court recently granted review in a case, Zivotofsky v. Secretary of State, that concerns the scope of the President’s power to recognize foreign governments. This case is the latest iteratio...
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This press release story in the Miami Herald announces that the British advocacy group, Reprieve, is in the midst of developing a litigation strategy designed to stop the United States from conducting dr...
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...sent this in from Huffington Post:
SHODDY RAT REMOVAL IN DIRKSEN CAFETERIA: WHERE'S THE HOPE AND CHANGE?Amanda Terkel was on the Hill today for, you know, reporting and stuff. While there, she witness...
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A reader writes in to point out that, in my earlier post, I have given away the store on behalf of the administration--and, what's worse, on matters on which I wholeheartedly agree with the administration.
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I have now had a chance to read through House Armed Services Chairman Buck McKeon's new detention and AUMF language, released yesterday as part of the Chairman's mark of the National Defense Authorizatio...
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As we’ve noted on this blog previously (here and here), continued U.S.
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The public version of Shawali Khan’s reply brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, is now available.
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As of today, we are adding two new faces to Lawfare to help Larkin with the many roles she plays keeping this place going. Larkin has made an enormous contribution at Lawfare, much of which readers can s...
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Section 962 of the FY12 National Defense Authorization bill has a very interesting cyberspace “military activities” provision.
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The House Armed Services Committee just released the Chairman's mark of the National Defense Authorization bill. I have not looked at it yet, but it apparently contains new language on detention and AUMF...
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Ross Douthat, a columnist for the New York Times, has an interesting op-ed today in which he notes that President Obama’s foreign policy is similar to that of President Bush’s but is subject to less of a...
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Benjamin Kleinerman, author of The Discretionary President: The Promise and Peril of Executive Power (a truly excellent book, by the way, about which I have been meaning to post thoughts), wrote in over ...
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Ken and Ben have noted the Administration's continuing and puzzling failure to explain the legal justifications for the killing of Bin Laden.
As someone who was in the Situation Room on 9-11, I have sp...
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Michael Montgomery, an active duty Navy Judge Advocate commenting in his personal capacity, writes in the following thoughts regarding my post earlier today about Harold Koh's absence from the public deb...