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D.C. Circuit Rejects <em>Glomar</em> Response in ACLU/CIA Drone FOIA Suit
Pretty big decision by the D.C. Circuit this morning, reversing the district court's dismissal of the ACLU's drone-related FOIA suit against the CIA on the ground that the Agency's "Glomar response" was ... -
Drones, Domestic Detention, and the Costs of Libertarian Hijacking
The more I reflect on last week's drone contretemps--and what effect the efforts of Senator Paul and his followers has had / may still have on U.S. policy--the more I have a profound and distressing sens... -
Government Uses Lethal Force Against U.S. Citizen on U.S. Soil...
I'm not at all happy that today's news out of upstate New York proves the point that Jack and I (and a cast of dozens) have tried to make about domestic use of lethal force, but it's worth pointing out t... -
Thoughtful Essay on Drones, Privacy and Domestic Regulation . . .
. . . by Ryan Calo over at Concurring Opinions: For many, the word “drone” brings to mind an image of the military-grade Predator. The folks within the DYI Drones movement, however, and most local law en... -
March 2013 Guantanamo Recidivism Report from DNI
The DNI has released the latest report, accurate as of January 2013, but only released this month, on the reengagement of former Guantanamo detainees. The DNI is required to release the report under the ... -
The Capture-or-Kill Debate #10: Goodman Responds to Heller
The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate invo... -
The Problem of Prerogative: A Response to Benjamin Kleinerman
Earlier today, I posted a thoughtful essay by Benjamin Kleinerman arguing with respect to Eric Holder’s recent testimony on domestic drone strikes that, “as obvious as the targeting of American citizens ... -
Benjamin Kleinerman on "The Politics of Prerogative"
Benjamin Kleinerman of Michigan State University, one of the most interesting political theorists to write in the Lawfare-space, sent me the following thoughts on prerogative and killing Americans domest... -
<em>Washington Post</em> on "Imminence" and Cyber-Attacks
Controversy surrounding the DoJ White Paper on targeting Americans abroad has generated interest and debate about the meaning of "imminence" in the terrorism context, for purposes of self-defense and oth... -
Transferring Afghanistan Detention Operations: Some Context for Continued Obstacles
The New York Times reports today that “U.S. Again Delays Transfer of Bagram Prison to Afghan Forces.” (Bobby discussed some of these issues, including the “Daqduq problem” issues, a couple of days ago).... -
More New York Times Editorial Errors
The New York Times editorial page has still not corrected its error of the other day, when it promoted John Brennan to National Security Adviser. -
NYT on Al-Aulaqi Operation and Underlying Legal Analysis
[UPDATED 4:53] Scott Shane, Mark Mazzetti, and Charlie Savage of The New York Times have this lengthy article on the hunt for Anwar Al-Aulaqi.
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