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Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous tre...
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How very unpleasant: Rand Paul announces, only semi-coherently, that he is filibustering David Barron's First Circuit nomination. The statement reads:
"I've read David Barron's memos concerning the lega...
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I have spent the day, which is not over yet in Palo Alto, at a conference at the Hoover Institution on "Intelligence Challenges." The rules of the workshop, unfortunately, prohibit me from disclosing who...
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The other day both Bobby here and Ryan Goodman at Just Security here picked up on news reports that DOD may be willing to provide additional military cooperation (including logistics and direct fire capa...
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Back in February, I noted a provision tucked away in last year's National Defense Authorization Act: Section 1039, which obligated the Administration to study and report back to the House and Senate Judi...
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We begin with the NSA. As I noted yesterday, the ODNI and the DOJ declassified a new tranche of documents.
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IC on the Record has the latest document dump:
Today the Office of the Director of National Intelligence and the Department of Justice released, in redacted form, a previously classified series of Foreig...
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Lots of news coming out of Syria today. First, we are told by the Human Rights Watch that there is “strong evidence” that the Syrian government has used chemical weapons against its people as recently as...
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This episode of the Steptoe Cyberlaw Podcast features an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues. Chris had a long and distinguished career at the Justice Depar...
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Estonian Voting. A new group, Estonia Voting, claims that there are major cybersecurity gaps in the Estonian electronic voting system: “As international experts on e-voting security, we decided to perfor...
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Iran claimed on Sunday that it had successfully recreated an American drone allegedly captured in 2011.
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The best review I have seen of Glenn Greenwald’s new book No Place to Hide is by David Cole in the Washington Post, who concludes:
This is an important and illuminating book.
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Two reasons often given for the need to transfer targeting killing by drone from CIA exclusively to DOD are (i) collateral damage reduction, because DOD supposedly has stricter targeting criteria and bet...
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In his response to my earlier Lawfare post on the FBI's investigation of Tamerlan Tsarnaev and a later review of that investigation by various Inspectors General, Michael German misconceives my argument....
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So reports the BBC. The incident apparently happened back in March:
A drone almost collided with a US commercial flight in March, an official with America's flight regulatory agency has revealed.
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It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/o...
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For those who are still wondering why the Obama administration has not followed through on the idea of shifting all responsibility for drone strikes from CIA to JSOC, this story from Ken Dilanian of the ...
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Hundreds of thousands of people cast ballots in the referendum vote on regional sovereignty arranged by pro-Russian rebels on Sunday, reports Al Jazeera America, despite warnings from Ukraine's acting pr...
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"I believe that killing an American citizen without a trial is an extraordinary concept and deserves serious debate," writes Sen. Rand Paul in an oped in the New York Times this morning. "I can’t imagine...
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