Latest in Executive Branch
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How Administration Lawyers Are Probably Thinking About the Constitutionality of the Syria Intervention (And A Note on the Domestic Political Dangers of Intervention)
President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen... -
That "Secret" White House Plan to Close Guantanamo
A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo. -
The NSA Documents, Part VI: The 2011 Minimization Procedures
Two months ago, we ran a post explaining the NSA's minimization procedures based on a copy of the procedures (dating from June 2009) that had been leaked to the Guardian. -
Carrie Cordero Misses the Point (Again) on FISA Reform
In her post from earlier today responding to yesterday's government disclosures, Carrie writes that "I hope it is clear that the critics of surveillance activities only see transparency as the first step... -
The NSA Documents, Part V: The Communications with Congress
Yesterday’s cache of declassified materials also sheds important light on the administration’s interactions with Congress over intelligence oversight---not just its interactions with the relevant intelli... -
Initial Observations on Newly Declassified FISA Documents
With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be. Before ... -
The NSA Documents, Part IV: The September 2012 FISC Opinion
The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down... -
The NSA Documents, Part III: The November 2011 FISC Opinion
The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ... -
The NSA Documents, Part II: The October 2011 FISC Opinion
The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC. -
The NSA Documents, Part I: Introduction
Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ... -
Declassified Intelligence Community Documents
The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list... -
Detainee Challenges Constitutionality of NDAA Transfer Restrictions
Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C.
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