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Al-Bahlul to D.C. Circuit: OLC Memo Further Undermines USG Position on Appeal
That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority. It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec... -
Court Demands New Procedures for Challenging No-Fly List Determinations
As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on... -
Seizing Iran's Domain Name -- .IR
As we have noted in the past, there is a brewing fight over who controls the naming function for the internet. I suspect that some who've read these posts have wondered if they were truly germane to nat... -
Readings: Civilian Intelligence Agencies and the Use of Armed Drones by Ian Henderson
Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what's left reads, in part: Nor would the fact that CIA personnel would be involved in the operat... -
Today's Headlines and Commentary
Today’s news coverage begins with Syria for a change. The Associated Press reports that President Obama has requested $500 million from Congress to arm and train vetted, pro-Western members of moderate S... -
White House Letter to Congress on Iraq Deployment
President Obama yesterday sent the letter to the Speaker of the House, and to the President Pro Tempore of the Senate. Its text reads as follows: Dear Mr. Speaker: (Dear Mr. President:) As I reported o... -
Report of the Stimson Center Task Force on Drone Policy
The Stimson Center released today the report of its Task Force on US Drone Policy. The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks. The report m... -
Why Imminence? The Assassinations Ban and that OLC Al-Aulaqi Memo
The other day, I tried to read the tea leaves and figure out where the notion of "imminent threat" comes from in the administration's legal views of targeted killing. I speculated that the source of the ... -
Section 702-Based Relief Denied in United States v. Mohamud
Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bo... -
Today's Headlines and Commentary
We start with the current crisis in Iraq. The New York Times reports that the Islamic State in Iraq and Syria (ISIS) has its sights set on the second largest dam in the country, the Haditha Dam. -
A Failure of Protocol
The Supreme Court’s decision requiring a warrant for searches of cell phones incident to arrest affirms that we are entitled to privacy in the digital age. These expectations, the Chief Justice explains... -
A Call for Article 51 Letters
In past week, Kenya has conducted air strikes in Somalia against al Shabaab. Israel has undertaken airstrikes in Syria against Syrian military targets in response to a cross-border attack that killed an ...
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