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Mixed Feelings on the NSA . . .
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A Response to Steve Vladeck and Kevin Jon Heller
In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former -
DOD’s Weak Rationale for Keeping Enemy Identities Secret
Cora Currier at Pro Publica has an important story on why DOD won’t publish the list of AUMF “associated forces” against whom we are at war. DOD’s rationale: A Pentagon spokesman told ProPublica that re... -
The Two Fundamental Flaws in the New <em>Bahlul</em> Amicus Brief
Raff already flagged yesterday's filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by "former government officials, former... -
The Long, Classified War
A recent cluster of stories – on al Qaeda’s growth, dispersion, and resilience, on the USG’s increased use of surveillance drones outside of “hot war zones,” on the USG possibly -
Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab... -
Stephen Preston Confirmation Hearing . . .
. . . coming up on Thursday before the Senate Armed Services Committee. -
CA4 Opinion in U.S. v. Sterling: No 1st Am, Common Law Journalist's Privilege for James Risen
It's a big news day in national security law for all kinds of reasons---one being today's opinion from the Fourth Circuit in United States v. Sterling. That, of course, is the prosecution against a fo... -
The Construction of the NDAA in Hedges
Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---thou... -
What Happens When We Actually Catch Edward Snowden?
The United States is pressing hard to get hold of National Security Agency leaker Edward Snowden. But if and when Snowden is apprehended, what then? This question deserves attention, too, because the den... -
Justice Department Report on Review of News Media Policies
Available here. This report is Attorney General Eric Holder's response to President Obama's order of a review of departmental policies with respect to the media. -
EPIC Files Petition in SCOTUS Regarding FISC Section 215 Order
The Electronic Privacy Information Center ("EPIC"), an advocacy and litigation group, today petitioned for a writ of mandamus or prohibition, or a writ of certiorari, in the Supreme Court. The filing's ...
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