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Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put for...
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As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I en...
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Recently, the Obama Administration announced that it will soon release a redacted version of its Presidential Policy Guidance (PPG) governing the use of force in counterterrorism operations outside the U...
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Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in r...
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Nextgov reports that the State Department has put out a request for information for a wireless intrustion detection system that the story describes as an “Internet of Things-style surveillance network.”
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The U.S. military Central Command (Centcom) report on the attack on the Medecins Sans Frontieres (MSF) hospital at Kunduz, Afghanistan demonstrates how a perfect storm of mistakes and mishaps can lead to...
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This morning, U.S. Central Command (CENTCOM) released its formal report of investigation into the airstrike on a Medecins Sans Frontieres (MSF) trauma center in Kunduz, Afghanistan. Of note in the report...
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Don't look now, but something's happening in the Guantanamo litigation.
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Editor’s Note: What is a drone? Some do surveillance, others hunt terrorists, and some models likely to enter air forces are more akin to sophisticated fighter aircraft. Dave Blair, badass warrior intell...
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Conventional wisdom holds that our ongoing war against jihadi groups is utterly unlike a war against a traditional state adversary. In my previous post, I argued that this is at least partially untrue: J...
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Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United Stat...
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Daniel Bethlehem says that my claim that the Obama administration has embraced the Bush doctrine of preemption for anticipatory self-defense “misses an essential element.” The essential element I misse...