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Ellen Nakashima of the Washington Post wrote over the weekend about “when is a cyberattack an act of war.” Focusing on Secretary of Defense Panetta’s recent speech warning of cyber-Pearl Harbors and on S...
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In my book Power and Constraint, I argued that the ACLU/CCR al-Aulaqi lawsuit “was merely an early battle in a long war over the legitimacy of U.S.
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That is the headline in a story in Thursday’s Guardian, which begins:
Britain has rebuffed US pleas to use military bases in the UK to support the build-up of forces in the Gulf, citing secret legal advi...
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I am hereby ending my boycott of Glenn Greenwald.
I'm doing it not because his latest post about me refrained from personal attack or adopted the sort of civil tone to which I think the public debate sh...
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The third and final part of the Washington Post series on targeted killing is out. Craig Whitlock discusses Camp Lemonnier, a drone base in Djibouti, which has become the hub of the Obama administration’...
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A few weeks ago, John wrote about the dearth of public discussion of legal issues related to a possible Israeli or U.S.
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Abd al-Rahim al-Nashiri’s trial continues---with or without him. Wells’s reporting from Ft.
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The official word from Guantanamo: our motions hearing has been cancelled on account of Hurricane Sandy. We'll have an update once we know more about future sessions.
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Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...
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Lawfarers, it appears the day's proceedings have been postponed on account of deteriorating weather conditions at Guantanamo---and might even be cancelled outright. We're thus in a holding pattern, as t...
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I agree with Bobby’s analysis of this morning’s Washington Post profile by Karen DeYoung of John Brennan, and would add these thoughts:
Eliminating CIA’s Drone Capacities. Count me as skeptical that we...
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We come to our third and final day of hearings in United States v. Al-Nashiri, which we'll observe from our CCTV perch at Fort Meade.
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Chief Prosecutor Mark Martins last night issued this statement regarding the progress to date in this week's motions hearing in Al-Nashiri.
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[Note: I'd originally indicated that Greg Miller wrote this second piece in the Post series, but in fact it was Karen de Young -- my apologies to Karen!
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Apropos of the Convening Authority’s powers, we come now to the defense's request to dismiss the case because that officer exceeded his authority, in referring charges against Al-Nashiri (AE104). How, e...
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The court has returned from lunch, which was followed by a quick Rule 802 conference. Per that discussion, Judge Pohl will defer consideration of AE118, a motion to compel, in addition to the secrecy mo...
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The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit. Like Al-Nashiri v.
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AE98 is Richard Kammen’s topic. In that motion, Kammen says, he asks to present ex parte materials to the court, which would justify a pending defense request for a mitigation expert. The Convening Aut...
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We are supposed to be talking about AE 107, regarding funding from the Convening Authority. Richard Kammen seeks money to pay for two persons, who will serve as Defense-Initiated Victim/Survivor Outreac...
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To the podium comes defense lawyer Richard Kammen. His motion (AE 116) seeks evidence regarding a 2002 drone attack, in Yemen, that killed Qaed Salim Al-Harithi----the reported “mastermind” behind the C...