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Reading the blogs today, you might think Marty Lederman and David Barron had gotten deeply in touch with their inner John Yoo when they wrote the Al-Aulaqi memo. Spencer Ackerman, to cite a typical examp...
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The United Nations Assistance Mission in Afghanistan has released its report on the treatment of detainees in the custody of the Afghan government.
Here is the executive summary:
From October 2010 to Au...
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Next Tuesday, October 18, at The Heritage Foundation:
[T]he House and Senate have proposed additional detainee-related legislation in the National Defense Authorization Act (NDAA) of 2012. Both have pro...
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Columbia law professor Philip Bobbitt, author of Terror and Consent: The Wars for the Twenty-First Century, writes in with the following comments in response to my comments on the Charlie Savage story:
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A second Sunday paper has come and gone since the Anwar Al-Aulaqi strike, and still no New York Times editorial about it. I guess the killing of two U.S.
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I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t...
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A lot of new details in this Charlie Savage story on the OLC memo from last year on the legality of targeting Anwar Al-Aulaqi.
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Today the Romney campaign issued a White Paper on Foreign Policy and National Defense. I have only had time to skim it, but this passage stood out as of particular interest to Lawfare readers:
Update th...
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Daniel Bethlehem, who recently stepped down as principal legal adviser of the UK Foreign & Commonwealth Office, has an interesting essay in the Harvard National Security Journal, on out-of-theater target...
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The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti...
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I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...
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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...