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A lot of new details in this Charlie Savage story on the OLC memo from last year on the legality of targeting Anwar Al-Aulaqi.
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Today the Romney campaign issued a White Paper on Foreign Policy and National Defense. I have only had time to skim it, but this passage stood out as of particular interest to Lawfare readers:
Update th...
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Daniel Bethlehem, who recently stepped down as principal legal adviser of the UK Foreign & Commonwealth Office, has an interesting essay in the Harvard National Security Journal, on out-of-theater target...
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The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti...
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I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...
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This belated report just in by slow boat: In a brief filed on August 29, the Justice Department asserted immunity on behalf of President of Rwanda Paul Kagame in an Alien Tort Statute suit brought agains...
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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...
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By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...
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Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may...
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In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.
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Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b...
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Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing:
I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...