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After the AUMF, III: A Surreply to Jack
It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa... -
Deeks on the Geography of Cyber Conflict
Our colleague Ashley Deeks has just published "The Geography of Cyber Conflict: Through a Glass Darkly," as part of the Naval War College's volume of International Law Studies on the geography of war. T... -
Ben Farley on Pakistan, Consent, and Drone Strikes
Over at the D.C. Exile blog, Ben Farley has this thoughtful post on U.N. Special Rapporteur Ben Emmerson’s recent statement on drone strikes in Pakistan. It concludes: -
Jeh Johnson Speech on "A 'Drone Court': Some Pros and Cons"
Former Pentagon General Counsel Jeh Johnson is, at this hour, giving this speech at Fordham Law School in New York: Keynote address at the Center on National Security at Fordham Law School: A “Drone Co... -
After the AUMF, II: Daskal and Vladeck Reply
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After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes
In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a... -
The White Paper, the Public Authority Defense, and "Five Truths About the Drone War"
Earlier this week---at the Week, naturally enough---Marc Ambinder posted this piece, "Five Truths about the Drone War." Of the five, the second of Ambinder's verities struck me as most noteworthy. I've... -
U.N. Special Rapporteur Statement on Pakistan and Drone Strikes
This strikes me as a big deal. U.N. Special Rapporteur for Human Rights and Counterterrorism Ben Emmerson has returned from Pakistan and issued a lengthy statement summarizing his discussions with Pakist... -
AUMF Reform: A Response to Brooks and Others
In a recent Foreignpolicy.com essay, Rosa Brooks warns against some recent stirrings for a new or expanded Authorization for the Use of Military Force to deal with post-al Qaida threats. Brooks cites in... -
Another Newspaper Does a Completely Trite Drone Video
What a useful contribution to the debate! From the Washington Post. -
The ACLU’s Limited Victory in the D.C. Circuit FOIA Case
Judge Garland’s persuasive opinion in the ACLU FOIA case is important but narrow, and its significance for intelligence community transparency is entirely unclear. Recall that the CIA had refused to res... -
Should Abu Ghaith Have Been Sent to GTMO? Senators Ayotte and Graham (Still) Think So
Wednesday on the Senate floor, three senators spoke about the Obama administration's decision to prosecute, in a federal court, Osama bin Laden's son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Re...
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