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One important consequence of President Obama’s re-election will be the further entrenchment, and legitimation, of the basic counterterrorism policies that Obama continued, with tweaks, from the late Bush...
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Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term:
First, he must release certain Guantánamo detainees, who hav...
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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...
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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Last Friday, a Fourth Circuit panel issued a surprising decision in Yousuf v. Samantar, in which it concluded that “officials from other countries are not entitled to foreign official immunity for jus co...
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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...
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A year ago, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I argued that unless the Obama Administration did a better job explaining the legal a...
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[Update (11:41 a.m.
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From The Onion:
MIRANSHAH, PAKISTAN—According to CIA officials and sources on the ground in the region, an unlikely friendship has developed between a 9-year-old Pakistani boy and a U.S. MQ-1 Predator dr...
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Over at Opinio Juris, Kevin Jon Heller notes a new draft article he has posted on SSRN regarding the legality of signature strikes under international law. Kevin assures me that "Lawfare types certainly ...
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Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...
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Gabor Rona of Human Rights First took some time out from today's hurricane to send me the following thoughts on my post from Friday engaging Glenn Greenwald on the subject of counting civilian casualties...