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It is, I suppose, one of the perks of being in the opposition that one need not have anything useful, interesting, or responsible to say on key matters of policy. For years, it was the Democrats who had ...
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Stewart Baker draws attention to a very interesting story involving a piece of malware known as Stuxnet. Stuxnet aims to penetrate SCADA systems (i.e., software enabling utilities to remotely monitor an...
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Paul Rosenzweig, who served as deputy assistant secretary for policy in the Department of Homeland Security during the last administration, writes in with following perceptive thoughts, fleshing out my s...
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The Washington Post has now published the context surrounding Obama's much derided comment to Bob Woodward about absorbing a terrorist attack. According to the Post's Greg Sargent, Woodward writes on pag...
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If President Obama does not already regret saying these words to Bob Woodward for a book slated for release just before the mid-term elections, he surely will. The Washington Post reports that:
Woodward'...
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One person we have not heard from in our extensive discussion on this blog of Sen. Lindsey Graham's habeas legislation, S. 3707, is Sen. Lindsey Graham. Graham has been uncharacteristically reticent on t...
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Kevin Heller objects to an argument that he incorrectly attributes to Ben and me in the wake of our recent dialogue with Steve Vladeck. Kevin writes:
Unfortunately, if all you read was Wittes and Chesne...
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More than two years ago, in my book Law and the Long War: The Future of Justice in the Age of Terror, I wrote the following paragraph about the value of habeas review to innocent detainees:
Indeed, [my] ...
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Last week the Senate Foreign Relations Committee approved the resolution of ratification for the New Strategic Arms Reduction Treaty (“New START), sending it to the entire Senate, where under Article II ...
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In response to this post Ben and I put up earlier regarding the Graham bill’s detention provision, Steve Vladeck has written a reply and given me permission to post it below. My comments follow after:
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In my post on Friday on the Salahi oral argument, I pointed out that counsel for the detainee had erred in not bringing to the court's attention an important sentence from the district court's underlying...
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It isn't every day that someone sends me a 5,700 word critique of, well, my own work and asks me to publish it. But today, David Remes, who represents a number of Guantanamo clients, sent me a document e...
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DOJ’s IG has issued a report exonerating the FBI from charges that it targeted domestic groups (and one individual) for investigation based on their First Amendment activities.
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[A jointly-written post by Bobby Chesney and Benjamin Wittes]
Does the substantive scope of detention authority conferred by the Graham bill (S. 3037) “dramatically expand existing law,” as Steve Vladec...
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The Second Circuit’s holding in Kiobel that plaintiffs cannot sue corporations under the Alien Tort Statute (ATS) will, I predict, eventually be embraced by the Supreme Court. But that will not end ATS ...
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For those readers who have, or plan to get, Kindles, Lawfare is now available for Kindle subscription by clicking here. While we don't take commments on this blog, Amazon does take reviews, so feel free ...
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Steve Vladeck responds to Peter Margulies' latest comments on S. 3707:
At the outset, it’s worth emphasizing that my concerns with S.
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Peter Margulies, author of Law’s Detour: Justice Displaced in the Bush Administration, who previously offered these comments and these comments on S. 3707, weighs in on the bill’s mandatory stays to habe...
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Just a brief follow-up on my earlier complaints about the "scorecard" approach to detainee litigation coverage.
In this post from ten days back, I argued that--among its other problems--the press's tend...
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I tried to take good notes at the Salahi oral argument this morning. The following is a crude summary of the argument, the transcript of which I will post when it becomes available. Bottom line: Expect a...