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Disclaimer about CFR Essay [UPDATED]
As I noted yesterday, I have an essay at CFR on the President's speech. I don’t write the headlines or the summaries of my pieces, and I was surprised and dismayed when someone at CFR summarized my piec... -
Ryan Goodman and Sarah Knuckey: Questions About New Targeting Rules
Ryan Goodman and Sarah Knuckey maintain that the new targeting framework announced by the President “raises some troubling questions and leaves important older questions completely unanswered.” Their li... -
Does the Armed-Conflict Model Matter in Practice Anymore?
This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a... -
Ben Emmerson on President Obama's Speech
Ben Emmerson, UN Special Rapporteur on Human Rights and Counterterrorism---who Ben and I interviewed for a special edition of the Lawfare Podcast---issued the following statement on President Obama's spe... -
You Are an Operational Commander of AQAP Reading the White House Fact Sheet
Along with President Obama's speech yesterday on counterterrorism policy, the White House released a document titled Fact Sheet: U.S. Policy Standards and Procedures for the Use of Force in Counterterror... -
Summary: D.C. Circuit Affirms Habeas Denial in Al Warafi
As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl... -
The President's Speech: Lawmakers React to Obama's Renewed Transfer Efforts
Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy a... -
Reactions to the President’s Speech
My reactions to the President’s speech can be found in this essay at the CFR page. The headline writers gave it the title of Obama Passes the Buck: The President's Empty Rhetoric on Counterterrorism. T... -
District Court Denies Preliminary Injunction in Abdullah
In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement concluded ... -
D.C. Circuit Affirms Habeas Denial in Al Warafi
Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve... -
The President's Speech: A Quick and Dirty Reaction--Part 4 (Hedging on the Drone Court)
There are a number of areas in the president's speech yesterday in which Obama publicly aligns himself with critics of his administration, while promising in hard terms very little. As I described yester... -
The President's Speech: The Good, the Bad, and the Ugly
The President's speech was a dog's breakfast: some good parts, some bad parts, and some ugly parts. The Good. The most significant part of the speech was the President's description of clearer standar...
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