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The Government's Supplemental Brief in Al-Bahlul
...is available here. In a nutshell: Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicita... -
More from Senate Amici on Oral Argument in Hedges
From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The H... -
Micah Zenko's CFR Report on Drones Policy
Micah Zenko of the Council on Foreign Relations has just published this important report on U.S. drones policy. I disagree with Zenko on some aspects of it, but for now I want to summarize several of his... -
Would a Director Brennan and a Secretary Hagel Partner to Shift CIA Lethal Operations to DOD?
Back in October, I wrote about the claim in this Washington Post story that John Brennan supports shifting the CIA's operations involving the use of lethal force over to the military. Now that he is abo... -
The 2013 NDAA Signing Statement: No Better Than the 2012 Version
As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separ... -
Readings: Andrew Kent on Ex Parte Quirin
Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, "Judicial Review for Enemy Fighters: The Court's Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case." (66 Vanderbilt L... -
President Obama Signs the NDAA 2013
Told you so. President Obama has signed this year's NDAA--along with a meek kind of signing (whining?) statement. Here is the statement's discussion of the detention-related provisions--an account of whi... -
Treason, Murder, and Dicta: Judge McMahon on Drone Strikes
As Raffaela posted earlier, the government has won a substantial victory in the FOIA litigation in which the Times and the ACLU sought disclosure of information about CIA drone strikes, including the leg... -
Summary Judgment for the Government in Targeted Killing FOIA Request
Judge Colleen McMahon of the District Court of the Southern District of New York has granted summary judgment to the government in the consolidated FOIA cases brought by the New York Times and the ACLU. ... -
Additional Thoughts on Washington Post "Renditions" Story
Steve has already noted (and critiqued) this Washington Post story about continued “renditions” by the United States government. -
Gregory McNeal on Accidental Deaths and Targeting
Gregory S. -
False Continuity Continued: Today's WaPo on "Renditions" Under the Obama Administration
Under the snazzy headline "Renditions continue under Obama, despite due-process concerns," today's Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment...
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