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Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St...
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My Brookings colleague Allan Friedman, a cybersecurity expert, sent me the following brief note following the State of the Union and the concurrent release of the president's executive order on cybersecu...
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As Rafaella reported last night, President Obama went “all-in” on cybersecurity last night, marrying a substantive mention of cyber in his State of the Union address (I’m bitter about that -- I bet agai...
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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...
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What is the United States actually doing so far, and what else reportedly is on the table?
1. So far we have agreed to provide airlift support to the French, on their dime. That is, France is going to p...
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Further to Ben's post on Jennifer Daskal's NYT Guantanamo op-ed today, over at Opinio Juris I comment on a different part of the op-ed. Ben refers in part to reasons Jen offers why a transfer of Guantan...
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The meeting between Presidents Obama and Karzai today appears to have produced an agreement that will revive the process of shutting down U.S. detention operations in Afghanistan. As reported in the Wal...
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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...
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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...
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Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.
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So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of "Subtitle D---Counterterrorism"---along with an explanation ...
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Another noteworthy development in the conference version of the NDAA is section 1025. Think of this as a new direction in the congressionalization of detention operations in Afghanistan.
What do I mean...