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Tensions are rising again in Ukraine. The Guardian reports that the country’s acting president, Oleksandr Turchynov, called for a resumption of military operations against pro-Russian separatists, accusi...
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My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters.
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In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri.
By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ...
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The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option.
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In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...
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The Guantanamo lunch hour closes; the military commission resumes, court and counsel first turning their collective attention to some procedural odds and ends. One item raised by Al-Nashiri’s Learned Co...
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We begin with news from Guantanamo Bay:
Carol Rosenberg of the Miami Herald has the latest order from Judge Pohl in the Al Nashiri military commission case, requiring the prosecution to turn over to the...
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When recess ends, Kammen says he spoke with Al-Nashiri during the break. For some reason---apparently there’s an unwritten rule about where the accused may stand---guards had then became agitated, becau...
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It’s Al-Nashiri time, y’all. The military judge, Army Col. James L. Pohl, calls the hearing to order. The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh...
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Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri. Throughout the day, we'll have ...
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Here it is. The remarks, by Chief Prosecutor Brig. Gen. Mark Martins, open thusly:
Good evening.
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The Supreme Court granted cert. today in Zivotofsky v. Clinton. In that case the D.C. Circuit, on remand from the Supreme Court, held that Section 214(d) of the 2003 Foreign Relations Authorization Act,...
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As Ben noted this morning, the Second Circuit has ordered the release of a redacted version of the OLC memorandum that justified the targeted killing of U.S. citizen Anwar al-Awlaki.
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I begin with a paragraph from Wikipedia:
Self-organized criticality is one of a number of important discoveries made in statistical physics and related fields over the latter half of the 20th century, di...
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Debate continues to swirl around the proposed transfer of control of the internet's naming function (IANA) to the Internet Corporation for Assigned Names and Numbers (ICANN). But one of the grounds of c...
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The U.S. Court of Appeals for the Second Circuit has reversed a lower court opinion and ordered the government to release key portions of the legal memos that lie behind the targeted killing of Anwar Al ...
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The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one j...
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An unprecedented level of security is in place today for the 118th Boston Marathon: 4,000 deployed police officers, over 100 surveillance cameras, and an underground coordination center filled with secur...
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For quite some time, it has been apparent that the announcement of the NIST Cybersecurity Framework would be a seminal event. Though couched as a voluntary program, many expected that the Framework woul...
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