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There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se...
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Coincidentally, they come to us from two different federal judges in the District of Oregon.
The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due...
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I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision.
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Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec...
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The case is US v. Daoud. The district court had ordered disclosure of certain FISA materials that were classified to defense counsel. The 7th Circuit, per Judge Posner, reversed. The money quote:
The ...
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The other day, I linked to the first two contributions to Cato Unbound's forum, “The Snowden Files: One Year Later.” Now Carrie Cordero has added an essay, which opens:
There is no
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The Cato Institute is hosting an online exchange entitled "The Snowden Files: One Year Later." The lead essay, by Cato's Julian Sanchez, opens as follows:
America’s first real debate about the 21st cent...
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If you believe Glenn Greenwald's new book (which I reviewed here), the NSA's appetite for gobbling up communications is unlimited. Legal controls on its behavior are trivial. Its much-repeated claim that...
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I’m sure that I and others will have more to say about this in the future, but in the meantime, here is the summary and 88-page Vodafone transparency report that has been widely
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A few weeks ago, Ben posted some comments about a Der Spiegel article that suggested the tensions between the United States and Germany were likely to die down. Not so fast, it appears. Germany’s top pro...
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I haven't watched it yet, as I was doing a different event at the time of the hearing. But thanks to the magic of CSPAN and it's belated, but very welcome propensity for embed codes . .
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The hearing on FISA reforms will get going today at 2:30 p.m, and (as always) be broadcasted live via C-SPAN. The witness line-up is below with links to written statements.
First Panel (Government):
Ja...