The Week That Was: All of Lawfare in One Post
Lawfare readers probably already know that we had a few technical difficulties this week that resulted in the site's being intermittently inaccessible for a couple of days. We hope we're past all of that now, and apologize for the inconvenience.
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Lawfare readers probably already know that we had a few technical difficulties this week that resulted in the site's being intermittently inaccessible for a couple of days. We hope we're past all of that now, and apologize for the inconvenience. Fortunately, you can catch up on all that happened this week right here.
For the second week in a row, much Lawfare content was GTMO-related: we and the military commissions chief prosecutor got ready for the week-long hearings in United States v. Mohammed et al. Read Wells' and my live blogs of each day's sessions (Monday, Tuesday, Wednesday, Thursday, and Friday) and the Chief Prosecutor's statement on Friday evening.
Jack reflected on the significance of military commissions, particularly in light of some of last week's events in the United States v. Al-Nashiri hearings.
Bobby followed up on a previous post regarding counting among "associated forces" under the AUMF AQI and Al Nusrah.
John's wish for an State Department envoy to GTMO was answered: Clifford Sloan will fill the slot.
I shared the D.C. Circuit's opinions in Hussain v. Obama, which affirmed the District Court's denial of habeas corpus to a Guantanamo detainee. Ben ruminated on the majority's adoption of the "Duck Test."
Meanwhile, the Miami Herald got its (and by "its" I mean Carol Rosenberg's, of course) hands on a 2010 report from the Guantanamo Task Force on dispositions--thanks to litigation by group of Yale Law School students.
Jack noted the United States's latest brief in the ACLU's FOIA suit related to the targeted killing program.
Wells shared the White House's letter updating Congress on military operations, as required under the War Powers Resolution.
Paul previewed a seminar he attended at Roger Williams University Law School, entitled "Cyber Threats and Realities" and now is off to China for a few weeks.
Ben shared and commented on the Washington Post's most recent NSA-related story, this time on the history of various domestic collection programs initiated in the Bush administration. Bobby drew linkages between two national security controversies: NSA metadata and the targeted killing program. Steve, apropos of the NSA leaks, mulled a legislative response to the Supreme Court's decision in Clapper v. Amnesty International.
We noted the White House's statement regarding data collected under FISA Sections 702 and 215.
We had a number of guest posts filed: Kathleen Clark of Washington University Law on the reason for government outsourcing of highly classified work to private contractors; Susan Landau on metadata minimization; and Duke Law's Jeff Powell on targeted killing and due process.
Ben and Alan announced our first e-book, a compilation of Lawfare coverage of the NDAA debates.
Ben shared our latest Wiki page entries: a targeted killing resource page, collected by Samantha Goldstein, and a page on war powers, compiled by Alan Rozenshtein. If you want to help us assemble wiki pages or submit additional materials for these or the Al Bahlul case, drop me a line.
And that was the week that was.
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.