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While Lawfare readers have been focused on other parts of the world, federal appellate courts have recently issued two significant, and potentially conflicting (in result, if not reasoning), decisions in...
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Josh Gerstein of Politico reports that "[a] top White House official suggested Saturday that Congress pass new legislation to support Pre
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Editor’s Note: The Middle East makes strange bedfellows, and one of the oddest pairings is the de facto alliance between Iran and the United States in Iraq. Across the border in Syria, Iran and the Unite...
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The release last month of the Al-Aulaqi Office of Legal Counsel memo, it turns out, was not the end of the Second Circuit litigation regarding the New York Times and ACLU’s FOIA requests for information ...
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Editor's Note: As Iraq collapses into yet another bloody civil war and chaos sweeps across the Middle East, Americans are once again hearing calls for rebuilding the institutions and societies of the Mid...
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Tuesday’s opinion in Ralls v. Committee on Foreign Investment in the United States came as quite a surprise. For the first time, a federal court considered the relationship between due process, on the on...
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Hot on the heels of the transatlantic dialogue event in Germany on surveillance law and policy, about which Russ has a fascinating post here, I'm happy to report that there is a similar event taking plac...
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Here it is; you'll find some background here and here.
Today's ruling from a panel of the D.C.
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I am thumbing through the long-awaited and seemingly split ruling, which opens as follows:
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As readers of this blog will know, after the Second Circuit released a redacted copy of the OLC’s “drone memo,” those of us who represent Omar Khadr filed a motion with the U.S.
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President Obama, in his NDU speech last year, stated: “[T]his war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”
Attorney General Holder, in a conversation ...
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Editor's Note: The United States has been at war since 9/11, but the nature of the enemy remains unclear. Some would say the war is against terrorists of all stripes, while others focus more narrowly on ...