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The Chairman of the Intelligence Committee, Senator Dianne Feinstein (D-CA), made a lengthy floor statement yesterday on the ongoing government shutdown. Her remarks dedicated a section to the fiasco's ...
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Ideologically extreme members of Congress, 1; federal government employees, veterans,
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Today, I have a piece over at Security States, a joint project of Lawfare and The New Republic which just got underway this week.
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Despite the government shutdown, the Senate Judiciary Committee is moving forward with its planned hearing on FISA.
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Here's a new addition to the Lawfare Wiki Document Library: A set of resources on this year's FISA leaks and declassifications. Our amazing intern, Nicholas Basciano, is still working it---so please emai...
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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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That apparently is the gist of AE155, an order handed down today down at Guantanamo---but still not yet available on the military commissions' website. (We've covered this litigation in detail, most rec...
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Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe...
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For those readers who missed our experiment with live webcast programming through the West LegalEdcenter, here's your second chance.
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The federal government is shut down, but Lawfare is still open. Here's the national security-related news in the shutdown story: SecDef Hagel is working hard with his lawyers to figure out how to limit t...
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The government may be shut down, but as Paul noted earlier, Security States---our new project with the New Republic---is open for business.
We will make a practice, as Paul did this morning, of linking ...
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As Ben noted yesterday, today Lawfare begins a cooperative project with the New Republic. Today, I have a piece in the new Security States blog about cyber contingency planning for possible military act...
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Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...
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In a sense, today’s lengthy en banc D.C.
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Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit. A few weeks ago the Second Circuit sent the parties this intriguing letter:
Dear Counsel:
The panel in the...
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Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders:
[I]f the story is accurate and not authorize...
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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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At midnight, the federal government is scheduled to turn into a pumpkin for the first time in 17 years. Government shutdown may be "a show which typically ends with a last-minute deal," but legislators a...
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Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful":
Kri...
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I am very excited to announce that tomorrow, we are launching a project with our friends at the New Republic to bring Lawfare content and writers to the New Republic's web site. Astute readers may have n...
