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Indictment of John Kiriakou
John Kiriakou was previously arrested, and charged via criminal complaint, on grounds relating to disclosure of classified information. He has now been indicted (here). I believe the charges are the sa... -
Response on Virginia, the NDAA and the Supremacy Clause
I've gotten a number of interesting responses to my post from earlier today on Virginia's proposed law forbidding state cooperation with NDAA-related detention activity that might impact citizens. -
Does the Virginia General Assembly Understand the Supremacy Clause
I've been doing my best to ignore to the hysterical, paranoid, delusional howls of rage on both the Right and the Left about the NDAA, but they are starting to reach critical mass in a way that one ignor... -
Al Alwi Files Reply In Cert Petition
Last week, we brought you the first sets of filings in Moath Hamza Ahmed Al Alwi's petition for a writ of certiorari. -
Appellant Brief Filed in ACLU v. CIA (Drone Program FOIA Request)
The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia's granting of a motion for summary judgment for the Central Intelligence Age... -
Rep. Adam Smith and Sen. Mark Udall Propose NDAA Changes
House Armed Services Committee Ranking Member and Sen. Mark Udall have proposed a brief bill that would make two significant changes to the NDAA's detention provisions. The bill, a fact sheet about which... -
Text of the Attorney General's National Security Speech
As promised, Attorney General Holder delivered an address on law and national security today at Northwestern Law. The speech covered an array of topics, including a defense of the legitimacy of military... -
How Government Silence Undermines Terrorism Policies: Part II
Attorney General Eric Holder will apparently give a public address on Monday that will provide a fuller explanation and justification for the government's policies on targeted killings, including for the... -
Gregory McNeal on the 1022 Procedures
Writing over at Forbes, Pepperdine law professor Gregory McNeal has this thoughtful piece about the President's policy directive. It contains some interesting ruminations on the breadth of some of the wa... -
Andrew Cohen on the 1022 Implementation Procedures
Over at The Atlantic, Andrew Cohen offers this analysis of President Obama's implementation procedures for Section 1022 of the NDAA. -
Some Initial Reflections on Today's Due Process Guarantee Act Hearing
While the experience is fresh, I thought I'd share some reflections on this morning's Senate Judiciary Committee hearing on the Due Process Guarantee Act. -
Initial Comments on the Implementing Procedures for NDAA Section 1022
Raffaela earlier posted the President's implementation procedures for Section 1022 of the NDAA--that is, the not-so-mandatory military detention provision. I have only had a chance to read it over quickl...
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