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As at least some form of minimal military intervention in Syria now looks likely, it is worth reading carefully the letter that Chairman of the Joint Chiefs of Staff General Martin Dempsey sent last Mond...
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Our series on the NSA documents now being complete, I thought I would collect all of the posts together in one place. Here are the documents themselves.
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I agree with everything Ashley says about Kosovo’s value as a non-legal precedent, and why the USG might invoke Kosovo if it intervenes in Syria – better to be able to say that a similar intervention occ...
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The final document in the cache declassified by the Office of the Director of National Intelligence (ODNI) on Wednesday is the ninth joint compliance assessment conducted by the ODNI and the Department o...
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Jack’s post makes the point that the Kosovo precedent won’t get the U.S. government very far if it is looking for a solid international legal precedent for intervention in Syria. That seems absolutely r...
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President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen...
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What with the declassified NSA documents and the 9/11 commission hearings, it's been a busy week. Oh, and there was that whole site host-problem, thanks to Bluehost.
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As the pressure to intervene in Syria builds, the administration once again, as in Libya, appears more focused on international law than domestic law. Here is what the President said Thursday night in a...
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Here is the Chief Prosecutor of the military commissions, Brig. Gen. Mark Martins's statement, which addresses this week's hearings in the United States v.
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A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo.
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So end two important cases in the history of America’s military involvement in Afghanistan. Although the defendants and their crimes are unrelated to one another, their stories are equally depressing and...
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The noncontroversial dispensed with, we move to the controversial: now, the defense’s emergency motion regarding information technology matters. Maj. Jason Wright, one of KSM’s lawyers, previews it---on...
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We pick up with a quick clarifying point about vicarious liability: the idea, the military judge confirms with the Chief Prosecutor, is that the jury must find that a substantive offenses was committed, ...
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It’s 1:32 when the commission is once more called to order, and AE120 is teed up in earnest. That’s the government’s motion to make so-called “minor conforming changes” to the charge sheet, so as to mak...
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Human rights advocates often express disappointment (if not anger) that the U.S. Government (and the Obama Administration in particular) is not more supportive of lawsuits in U.S.
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Another day, another major outage caused by our soon-to-be-former hosting company, Bluehost. Our sincere apologies. Ritika and I just got off the phone with Bluehost, which acknowledges that for the seco...
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Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.
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We return to our regularly-scheduled programming at the Expeditionary Legal Complex’s Courtroom #2. Presenting rebuttal argument on AE107 is CDR Walter Ruiz, lawyer for 9/11 accused Mustafa al-Hawsawi. ...
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Bloodless deaths continue to toll in Ghouta, near Damascus, where the Bashar al-Assad regime allegedly launched nerve gas attacks on Wednesday. The U.S.
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Mustafa al-Hawsawi’s lawyer, CDR Walter Ruiz, stands to argue AE107---a motion to dismiss certain offenses as beyond military commission jurisdiction.