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Five brief thoughts on yesterday’s Hamdan decision:
First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions. The historical arguments for a ...
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I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...
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Raff already shared the news re: this morning's D.C.
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This is a very weird column by New York Times public editor Margaret Sullivan. Sullivan, acknowledging that the Times has broken important stories about the CIA's drones program and has sought more infor...
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One focus of Ken’s response to Eric Posner’s Slate piece is Eric’s claim that “the United States has invoked a new idea of the ‘unable or unwilling’ country, one that outside powers can invade because th...
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Jack mentioned Eric Posner's new article in Slate announcing that US drone strikes in Pakistan are illegal under the UN Charter because, among other things, they lack genuine consent from Pakistan and th...
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As a counterpoint to the much-noted critical study of drones in Pakistan from the clinics at NYU and Stanford, I recommend this piece by Joshua Foust of the American Security Project, which is sympathet...
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Eric Posner has a piece in Slate which argues – based on this report in the WSJ about the ever-thinner forms of consent by Pakistan to USG airstrikes in that country – that the United States is making a ...
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Anton Metlitsky, counsel in the Appellate practice of O’Melveny & Myers LLP, writes in with the following comments on the Kiobel oral argument. Metlitsky represents the Rio Tinto Group in its pending cer...
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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...
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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 ...
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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...