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A divided 11th Circuit panel has issued a lengthy opinion (112 pages in pdf, with the dissent) affirming the conviction of Jose Padilla, Adham Hassoun, and Kifah Jayyousi, and granting the government's ...
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Friday afternoon’s oral argument in Suleiman saw pretty even questioning of counsel for both sides from an interested panel. Judges Merrick Garland, Thomas Griffith and David Tatel pressed Abdulrahman A...
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Charlie Savage at the New York Times reviews the debate in the Obama administration over how to define the limits of the use of lethal force in the war against al Qaeda.
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Britain amended its universal jurisdiction law last week to require private individuals who seek arrest warrants for foreign government officials for human rights offenses to obtain the consent of Britai...
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On September 14, General John R. Allen, who succeeded David Petraeus as the commander of U.S. Forces Afghanistan, presided over the change of the command of Rule of Law Field Force – Afghanistan from Bri...
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Below Gabor Rona has a sharp response to my earlier post on Charlie Savage’s story on the latest round of Johnson v.
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Video from last night's speech by John O. Brennan is now available. We will be posting a better video as soon as it has been formatted, but this one will do in the meantime.
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The Keynote Address begins with a brief introduction from Jack. He notes that one thing extraordinary about Savage is his ability to extract information from government officials and the clarity with w...
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Prof. David Barron kicks off the last panel discussion of the conference, focusing on the Presidency in the Post-9/11 World. He begins by noting that it is not surprising that a serious national securit...
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The afternoon session of Day 2 of the conference begins with introductory remarks from Gabby Blum, the moderator of the afternoon’s first panel. She asks the panel to discuss the utility of force; what ...
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Session 4 begins with a brief introduction of the panelists from Prof. Dick Fallon, the panel’s moderator. Panelists include Prof. Phil Heymman, Ben Wizner, director of litigation of the ACLU’s Nationa...
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Day 2 of the HLS-Brookings Program on Law and National Security conference begins with Prof. Blum introducing Chibli Mallat, moderator of the first panel of the morning. He says he would like to point ...
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I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d...
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An update: we've attended today's oral argument in Suleiman v. Obama, at the D.C. Circuit. For scheduling reasons, however, we'll have to delay posting a recap of the argument until Monday. Stay tuned ...
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Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere...
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Professor Blum welcomes the audience back and invites Professor Dan Meltzer to introduce John Brennan. Meltzer provides a short biography for Brennan and notes that he has been a key actor in shaping the...
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With a few moments to go before the HLS-Brookings Program on Law & Security’s inaugural event begins, I wanted to briefly introduce myself to the Lawfare community. As Ben mentioned in an earlier post, ...
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Kevin writes in with a final round of thoughts in his exchange with Peter in regards to the CMCR decision in al-Bahlul:
Peter continues to miss the central issue in al-Bahlul: namely, whether “any of the...
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Beginning this afternoon, the Harvard Law School-Brookings Project on Law and Security will host its inaugural event: "Law, Security, and Liberty after 9/11: Looking to the Future." It will take place at...
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It looks like I missed a habeas decision a few weeks ago. According to a docket entry of which I only became aware this morning, federal district Judge Royce Lamberth has ruled on the remand in the case ...