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Oral Argument Preview: Hatim v. Obama, or the "Counsel Access Case"
On Monday morning, a significant Guantanamo case, Hatim v. Obama et al., will be argued before D.C. Circuit Judges Merrick Garland, Karen L. Henderson, and Thomas B. Griffith. -
President Obama Proposes to Limit Some NSA Surveillance
That's the gist of tonight's report, from Politico's Josh Gerstein: President Barack Obama said Thursday that he'll be reining in some of the snooping conducted by the National Security Agency, but he ... -
The Snowden Disclosures, Glenn Greenwald and Canada
In another forum, my colleague, Rafal Rohozinski, made some interesting observations about the Greenwald/Snowden disclosures as they relate to Canada. Rohozinski was formerly a Fellow at Harvard's Berkm... -
The EU Wants to Regulate US Data Practices---But Can't Touch Britain's
That, at least, seems to be the point of this story in the Guardian, which opens: The EU executive is threatening to freeze crucial data-sharing arrangements with the US because of the Edward Snowden rev... -
D.C. Circuit Affirms Habeas Denial in Ali v. Obama
As Steve already noted, the D.C. Circuit has affirmed the district court's denial of a writ of habeas corpus to Guantanamo detainee Abdul Razak Ali. We covered the oral argument this fall, in preview and... -
Judge Edwards and "Functionally Useless" Habeas
This morning's D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court's ever-solidifying body of jurisprudence on the scope of the government's power to detain non-citizen terror... -
N.S.A.: “Not (So) Secret Anymore”
The National Security Agency is down in the dumps. It’s used to being heralded for brilliance. -
Another 2014 NDAA "Ornament": FISA Disclosures
As we've noted, amendments spanning several issues, including cybersecurity, and anti-terrorism laws, have been put forth as add-ons to the 2014 National Defense Authorization Act. -
Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases
From the defense's standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev ... -
Extraordinary U.S. Press Freedom to Report Classified Information
The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “gov... -
NDAA Amendment Could Make Anti-Terrorism Act a New Alien Tort Statute
When the Senate returns on December 9 to take up the National Defense Authorization Act, one of the more than 500 amendments Senators will consider is a provision that would amend the Anti-Terrorism Act ... -
The November NSA Trove VII: The 2011 U.S. SIGINT Directive
The November NSA cache declassified by Director of National Intelligence James R. Clapper last week includes two United States Signals Intelligence Directive (USSID) documents. The more important of the ...
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