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For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligenc...
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Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district ...
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Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the...
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That is the title of an oped of mine in the Washington Post, which distills the argument made in this recent post on Lawfare. The oped begins:
Here's a simple proposal to break the impasse over how to pr...
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I have been thinking a lot over the last couple of days about Tom Malinowski's statement in response to my post about the Lord's Resistance Army (LRA) and drone strikes in Yemen. The more I think about i...
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Next Thursday, November 4th, the Court of Appeals for the D.C. Circuit will hear oral argument in Al Alwi v. Obama, a habeas merits appeal.
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October has been good to the Justice Department , with a remarkable number of arrests, convictions, and sentences in terrorism-related cases over the past two weeks. This pattern of success tends to und...
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Our national dialogue relating to terrorism pays close attention to every development relating to the detention and prosecution of terrorism suspects--and for good reason. Yet most of us pay relatively ...
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The Miami Herald has posted Omar Khadr's stipulation of fact. Worth a read.
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Two weeks ago, I posted these ruminations in response to Human Rights Watch's Executive Director Kenneth Roth's proposal to use U.S. military force to bring the leader of the Lord's Resistance Army (LRA...
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File this under the heading of legal issues looming on the horizon...
A major theme of the Wikileaks-Iraq coverage involves the claim that the U.S.
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The Toronto Star bellows that "Omar Khadr finally buckled before a discredited American military tribunal and provided the guilty plea it was set up to elicit. But nothing like justice has been done in t...
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That is the title of a terrific new essay by Seymour Hersh.
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In reading Mary Ellen O'Connell's writings on targeted killing in preparation for our debate this weekend, I was struck by how granular her arguments generally are. She writes in great detail about the c...
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Here is the video of my debate with Mary Ellen O'Connell of Notre Dame law school on targeted killings and drone warfare on Saturday at International Law Weekend in New York. I will have a lot to say ove...
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Judge A. Raymond Randolph, in his speech the other day at the Heritage Foundation, addressed two intertwined but ultimately distinct issues: Whether the Supreme Court's Boumediene decision is historicall...
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Earlier this week Michael Isikoff wrote about the classified secrets revealed by top officials in Woodward’s Obama’s Wars and asked whether there is a double standard in the Obama administration’s prosec...
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Brookings Legal Fellow Larkin Reynolds, who has been working with Bobby and me on a second edition of our monograph on "The Emerging Law of Detention," recently handed me a chart she had constructed that...
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The New York Times reports today that the “Obama administration has adopted new procedures for using the Defense Department’s vast array of cyberwarfare capabilities in case of an attack on vital compute...
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A. Raymond Randolph, a D.C. Circuit senior judge who has played an out-sized role over the years in the Guantanamo habeas cases, gave a speech yesterday evening at the Heritage Foundation entitled "The G...