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Government's Opening Brief in <em>Hedges</em>
The government has filed its its opening brief in the Second Circuit Hedges appeal. The introduction reads: This suit is brought by a handful of journalists and activists who, based on their stated activ... -
Why <em>Boumediene</em> "Rights" Don't "Expire": A Response to Professor Kent
Readers probably won't be surprised that, as Professor Andrew Kent noted at the end of his guest post, I've already drafted a longer response to Andrew's important and provocative new essay, "Do Boumedie... -
Supreme Court Oral Argument in Clapper v. Amnesty International This Morning [Updated]
Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte... -
Kill Lists, the Disposition Matrix, and the Permanent War: Thoughts on the Post Article
Splayed across the front page of the Washington Post this morning is the headline "U.S. -
Periodic Followup on Period Review
A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order? In March 2011... -
National Security Legal Issues in Last Night's Debate
There were basically none. No discussion of Guantanamo, of habeas, of the NDAA, of interrogation, of military commissions, of targeted killing---and only the most cursory mention of drone strikes. This i... -
WaPo on Classified Information Matters in USA v. Kiriakou
Here's the latest fromthe Washington Post,on the Espionage Act, Intelligence Identities Protection Act, and false statements case against John Kiriakou, the former CIA officer who helped capture Abu Zuba... -
Ashley Deeks Comments on US Military Advisers in Africa and AQIM News Stories
Further to Bobby's and my posts on news reports of US government discussions around ways to address groups such as AQIM taking root in Africa - including discussion of US military and intelligence advise... -
Washington Post Adds to Report on US Pursuing Force Options Against AQIM in Africa
Bobby posted a day ago about an important Wall Street Journal news story talking about the US government considering options for pursuing an increasing active and dangerous branch-franchise-affiliate of ... -
Second Circuit Stays <em>Hedges</em> Decision
The Second Circuit Court of Appeals has has just stayed Judge Katherine Forrest's decision in Hedges: For the following reasons, we conclude that the public interest weighs in favor of granting the gover... -
Using Force Against AQIM: The AUMF, the NDAA, and Inherent National Self-Defense Authority
This article in the Wall Street Journal, by Julian Barnes and Siobhan Gorman, draws attention to US government plans to ramp up counterterrorism efforts in Libya, including in particular efforts targetin... -
Is It Legal For the U.S. To Use Force Against Iran?
My law partner (and former CIA General Counsel) Jeff Smith and I have an op-ed in today's Washington Post (entitled "Is It Legal to Hit Iran?" in the print edition) discussing the U.S. and international...
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