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That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama. It begins:
Respondents respectfully submit this response to Petitioner’s Motion...
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Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...
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A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...
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There has been much commentary about the fact that the new (and as yet unnumbered) U.N.
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The NYT has the text of the draft UN Security Council Resolution on Syria. The most important paragraph is the penultimate one, which states that the Security Council “[d]ecides, in the event of non-com...
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In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the "counsel access" case, Raff has hit the nail on the head.
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The latest episode of Intelligence² Debates is over the resolution, "The U.S. Drones Program is Fatally Flawed." It's an interesting program, though I have to say that I think the Oxford Union debate thi...
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The question before a three-judge panel of the D.C. Circuit Tuesday morning: can a group of detainees held by the United States at Bagram airfield, in Afghanistan, challenge their detentions by petitioni...
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Mark Twain supposedly said "History doesn't repeat itself, but it rhymes." President Obama and Secretary John Kerry must hate the rhyme, as their frustrating experience confronting Assad and Syria echo...
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For those interested in arguments about international law and possible military intervention in Syria, I highly recommend great essays by two authors from the United Kingdom (as readers may recall, the U...
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The most puzzling line in the President’s strange speech last night was this:
[E]ven though I possess the authority to order military strikes, I believed it was right, in the absence of a direct or immin...
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Julian Ku is right to poke fun at the administration for conveying its vague and conclusory legal rationale for intervening in Syria through the reporting of the NYT’s Charlie Savage. But vague and conc...