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Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets ...
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After more than two months of uncertainty and tension in Afghanistan over a presidential election gone awry, the two presidential candidates, Abdullah Abdullah and Ashraf Ghani, have reportedly agreed to...
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[Cross-Posted at Just Security]
Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to "provide assistance, including training,...
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The Lawfare Podcast now has its own Twitter feed.
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Event Announcements (More details on the Events Calendar)
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Lost in the hubbub over the rise of the Islamic State and the Obama administration’s move to war in Iraq was the Al Qaeda core’s declaration of a new affiliate in South Asia—long a home to jihadist activ...
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This week, the nation once again celebrated Constitution Day, for which Ben gave an address at Kenyon College, which we provide to you in full. In his talk, Ben covered what he calls a “Constitution Unde...
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For quite a while it has been the case that properly implemented encryption will defeat efforts to crack it (at least using current technology). Yet it has been the case for an equally long time that ver...
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On Friday, Ben pointed out that while it may be fashionable to blame the NSA as the only “bad guys” collecting your data; many organizations, including even the Library of Congress, are actively collatin...
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The United States today appealed an adverse ruling in the capital military commission case against Abd al-Rahim al-Nashiri. The Guantanamo detainee stands accused, among other things, of orchestrating th...
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Last night, Scotland rejected rupturing its 307-year old bond with the United Kingdom, with 54-55% of registered voters voting against independence. According to the Washington Post, the tally for the “n...
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I was at the National Security Agency yesterday giving a Constitution Day speech and I learned details of a shocking collection program: The government is bulk collecting all traffic on Twitter. Under a ...
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I have spent a lot of time over the past several years---as have many Americans---marveling at the horribleness of the United States Congress.
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This afternoon, President Obama finally nominated a new State Department Legal Adviser -- Brian Egan, who currently serves as Deputy Counsel to the President and NSC Legal Adviser. Here is Brian's bio:
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It’s decision day in Scotland. Over 4 million eligible voters have the chance today to vote on breaking the 307-year union with the United Kingdom and going it alone as an independent country. The latest...
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From yesterday’s Senate Arms Services Committee Hearing (at about the 2:23 mark):
Senator UDALL (NM): And my question to you has to do with – and this is all public information, but everybody's well awa...
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Via Steve Aftergood, I learned that the CIA “has posted hundreds of declassified and unclassified articles from its in-house journal Studies in Intelligence.” The articles are
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Earlier this week, the FBI announced the completion of its "next generation" facial recognition program. The system, now "fully operational" will house more than 52 million faces, which (assuming no dup...
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The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine. Both drafts, in different ways, purport to limit the authori...
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Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission...