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A colleague just pointed this out to me today. Buried in the Senate-approved NDAA is Section 936, which would require the Pentagon to "establish a process" for defense contractors that have classified i...
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Last week, Judge James Pohl handed down five orders in the military commission case of United States v. Al-Nashiri---the capital case arising from, among other things, the attack on the USS Cole.
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Turns out Carrie Mathison’s obsessive hunting of Abu Nazir in the TV series Homeland isn’t purely fiction---nor is David Estes’s treating Carrie badly.
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I've been meaning for some time to comment on recent developments impacting the DOD-CIA convergence trend. While much of the attention under this heading understandably focuses on drones, it is importan...
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U.S. District Judge John D. Bates has granted summary judgment to the Pentagon in a Freedom of Information Act cast brought by the International Counsel Bureau and the law firm of Pillsbury, Winthrop, Sh...
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Back in early November, Ben and I blogged about Fordham Professor Andrew Kent's provocative new essay, "Do Boumediene Rights Expire?," which he published in "PENNumbra," the online companion to the Unive...
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Over the weekend, the United Kingdom joined the United States in warning publicly about Syria’s intentions regarding its chemical weapons. Foreign Secretary William Hague told reporters that the U.K.
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To the day's tally of important national security law filings, add this: the appellees' brief in Hedges v. Obama.
The below comes from the brief's argument section:
Comparing the text of the two enact...
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The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads:
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[UPDATED 3:18 p.m.] Lawyers for military commission accused Ali Hamza Suliman Ahmad Al-Bahlul have filed their supplemental, what-do-we-make-of-Hamdan brief with the D.C. Circuit. The government's respo...
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Ismail Khan of the New York Times (not to be confused with the Afghan warlord with the same name) reports that a senior Al Qaeda commander by the name of Abdel Rehman al-Hussainan was killed by a drone s...
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A few weeks ago, I noted a post by Chris Jenks arguing that negotiations for a US-Afghanistan security agreement might come to grief over the issue of criminal jurisdiction over U.S.
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Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...
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Last week I noted that U.S.-blessed Qatari arms shipments meant for Libyan rebels were diverted to Islamist terrorist groups in North Africa. This morning’s papers imply the possibility of something sim...
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Last week in DC, the ABA Standing Committee on Law and National Security put on its annual "review of the field" conference. It was a great event, as always. One of the highlights was a very interestin...
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Just after the election, I wrote:
As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und...
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Today is the 71st anniversary of the bombing of Pearl Harbor---which is surely a national security event, if there ever was one. I just read FDR’s speech from the day, courtesy of Ben, which is quite pow...
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Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to...
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Raha Wala of Human Rights First writes in with this comment on Jeh Johnson's Oxford Speech:
Ken and Jack are right that DoD General Counsel Jeh Johnson, in his remarks at the Oxford Union, made a serious...
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The government yesterday filed a reply in support of its renewed motion for summary affirmance in Rimi et al. v.
