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Military Judge James Pohl opens the session at 9:35 am. He notes the names of those present, including each of the defendants except for Ramzi Binalshibh. An anonymous US Army major takes the stand to te...
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As Robert Loeb noted is his post yesterday, on Wednesday, the D.C. Circuit again heard oral argument in the case of Guantánamo detainee, Abd al-Rahim al-Nashiri. As readers know from that post, Nashiri i...
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Headlines around the world over the last two weeks have warned of the impending "humanitarian catastrophe" in places like Aleppo should Assad regime forces continue their march unimpeded.
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It’s a new year—the final one of the Obama administration—and we’re back at Guantanamo still working, as the Military Commission convened to try five of the 9/11 conspirators resumes pre-trial sessions.
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Our rundown of this week's activity on Lawfare.
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This has nothing to do with national security, but I have a feeling it will be of interest to many Lawfare readers anyway. Miguel Estrada and I have an essay out in the Washington Post on the judicial co...
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Don’t poke the bear! The Government plainly did not like Apple’s very public response to the magistrate judge’s order, and just filed this strongly worded motion to compel. Given that the prior order g...
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If you missed the Triple Entente Beer Summit yesterday evening, more's the pity for you. Three of the podcasts hosted on Lawfare—Rational Security, The Lawfare Podcast, and the Steptoe Cyberlaw Podcast—g...
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I was privileged to take part in a good discussion today on KQED Forum on the Apple fight. The discussion included, in addition to me:
Laura Sydell, digital culture correspondent, NPR
Nate Cardozo, ...
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At 3:30 am this morning, American F-15s once again screamed across Libyan skies and delivered their payload to an ISIS camp located outside of Sabratha, just 50 miles west of Tripoli. The American warpla...
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Can you provide material support to a terrorist organization at the same time that you are actively and effectively working against that organization?
In a new study published this week by George Washin...
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Although the U.S.-ASEAN summit was originally billed as the main story of the week, China stole the show after news broke that the PLA recently deployed anti-aircraft missiles to a contested island in th...
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In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda. Al Nashiri is challenging the authority of ...
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Editors Note: This piece originally appeared on Markaz.
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Headlines continue to be dominated by the battle between the FBI and Apple taking place in the Central District of California. If you’re just catching up, here’s what’s happening: a magistrate judge in t...
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Imagine that you are in the business of making safes. One day, you devise a novel safe for storing valuables. The safe is quite hard to break into, which is of course one of its selling points. But yo...
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In the years since Edward Snowden claimed that U.S. intelligence agencies were tapping into Europeans’ personal data flowing to the United States through undersea cables, an icy distrust has prevailed be...
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Note to Apple: As a general matter of strategic communications, following the words “We have no sympathy for terrorists” with a “But” generally means you’ve gone badly off message—even if you wedge a few...
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In this latest dust-up between Apple and the FBI, Apple says that the FBI is asking for much more than access to one encrypted IPhone. Tim Cook writes that:
Building a version of iOS that bypasses secu...
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In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks r...