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Earlier this month we noted that, in the much-watched Dhiab case, a federal judge refused to grant a preliminary injunction against certain force-feeding procedures used on hunger-strikers at Guantanamo.
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A while back I noted certain 9/11 defense counsel's objections to a proposed change to the CIA's policy, regarding the destruction of CIA e-mails. In August, a federal bureaucracy charged with appraising...
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On Monday, the Office of the Director of National Intelligence published a declassified oral argument transcript from critically important 2008 proceedings before the Foreign Intelligence Surveillance Co...
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Yesterday, Senator Patrick Leahy (D-VT)’s USA Freedom Act failed to pass the Senate. Intended to reform the National Security Agency (NSA) and limit government surveillance, the bill received fifty-eight...
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As readers of this blog know, the United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA). That authori...
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Robot-inclined folk probably already know the story of Rafael Pirker. In 2011 he flew his Ritewing Zephyr powered glider over the University of Virginia, while taking aerial photos; allegedly the aircra...
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The Senate yesterday buried---at least for now---surveillance reform, when Republican senators refused to allow the current draft of the measure to proceed to a vote. Glenn Greenwald has an interesting r...
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The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees' petition for rehearing en banc in Allaithi v. Rumsfeld.
The detainees sought review of the D.C.
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The American Bar Association's Standing Committee on Law and National Security has released audio files of sessions from its recent annual conference.
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According to the BBC, a report from the Global Terrorism Index found that the number of deaths from terrorism increased by 61 percent in 2013, while the number of attacks increased by 44 percent. We begi...
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The prosecutor, Lt. Col. David Long, finishes his arguments regarding whether to push back argument on motion AE21, Al Hadi's challenge to physical touching by female Guantanamo guards. Long says no.
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Judge Waits ascends the bench and the hearing once more comes to order. It seems Al-Hadi is here, along with attorneys for both sides. Housekeeping: The military judge explains that yesterday and this m...
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It's a chilly afternoon here at Fort Meade---the venue for today's closed circuit television broadcast of pre-trial litigation down at Guantanamo. Proceedings in the military commission case of United S...
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A brief history of the Islamic State in the form of an animated video from my Brookings colleague Bruce Riedel. Bruce is the director of The Intelligence Project at Brookings, and he spent 30 years at th...
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The current flap about President Obama's plan to proceed without Congress on immigration matters isn't really about national security law. But it is about the law of presidential power and thus of inhere...
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The week before Thanksgiving features a few Congressional hearings of note for the Lawfare readership.
Tomorrow at 10:00 AM, there is a hearing of the Senate Foreign Relations Committee on ways of "cou...
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In AE18, Lt. Col. Tom Jasper seeks, on behalf of Al-Hadi, to compel discovery into certain communications---those between the Convening Authority and Defense Department brass, regarding the release of Pr...
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Got a problem with Iranian UAVs threatening your ships? Want to remotely start fires on small boats? The US Navy has just what you need: the 30 kilowatt-class Laser Weapon System (LaWS).
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We return from recess, and Clayton resumes his argument in opposition to AE19---a motion to strike common allegations from the charge sheet against Al-Hadi.
Clayton refers to Stirk’s suggestion that the...
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In motion AE19, the defense asks the court to strike certain common allegations from the charge sheet. One of Al-Hadi’s lawyers, Maj. Ben Stirk, explains why.
The incorporation of “common allegations” i...