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Senator Rand Paul’s rumored detention amendment got me reminiscing about S.2003, better known as the Due Process Guarantee Act (“DPGA”).
Remember this?
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Over at the Volokh Conspiracy, my friend Orin Kerr has a fascinating post on the case of US v. Stanley. It isn't strictly cybersecurity but the case itself is still worth reading.
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Big news on the Israel front. Peter Baker and Isabel Kershner of the New York Times report that Secretary of State Hilary Clinton is on her way to meet with Israeli Prime Minister Benjamin Netanyahu, Pal...
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In his response to Andrea Prasow, Ben suggests that, in continuing to object to military commissions that have been blessed by two Congresses and both the Bush and Obama Administrations, "Human Rights Wa...
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As close readers of Lawfare will be aware (but many others will not) the International Telecommunication Union (ITU) will be meeting next month in Dubai. The ITU, a relative backwater of the UN, has lon...
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Speaking of responses to my comments on the New York Times debate, Andrea Prasow of Human Rights Watch---who participated in the discussion---sends in the following:
Ben seems to find it boring that Huma...
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Raha Wala of Human Rights First writes in with the following reaction to my comments yesterday on the New York Times's Room for Debate exchange over military commissions:
Ben bemoans the New York Times R...
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The following, which showed up in my inbox, will surely be of interest to some Lawfare readers:
CALL FOR PAPERS
9TH Annual conference on National and International
Security at the Maxwell School for Cit...
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In the category of shameless self-promotion, I am quite pleased to announce the publication of National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. The book is a joint ...
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A few years ago I wrote a paper about the cycle of detention law and policy over time in Iraq, and among other conclusions I observed that the sustainability of overseas, US-administered detention facili...
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While we’re not talking about Gen. David Petraeus’s dalliances in Headlines and Commentary, we will start with his testimony on Capitol Hill on Friday.
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In his post on Senator Rand Paul's proposal regarding citizens and the NDAA, Bobby highlights a recurring and important question: why is it so hard for ostensibly civil libertarian legislators explicitly...
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In papers filed Friday, the government renewed its request for a summary affirmance, and opposed an attempt by habeas petitioner Mohammed Rimi to remand his appeal to the district court.
Rimi was transf...
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Ben notes what appears to be a draft proposal from Senator Rand Paul to amend the NDAA so as to address situations involving American citizens captured inside the United States. While the context sugges...
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Further to my weekend Readings post noting David Cole's new SSRN paper, David dropped me a note, which I'm delighted to put up below. I think David is right in these comments; knowing he's expanding thi...
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The New York Times is running a Room for Debate feature entitled "Time to End Military Tribunals?" It reads a bit like a debate in which the participants are all going through the shadow-boxing motions--...
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A source sent me a copy of this email, apparently from Senator Rand Paul's office last week to Republican Senate legislative directors about a coming amendment by the senator to restrict military detenti...
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The government has advised the D.C. Circuit Court of Appeals that it may not have jurisdiction over a Guantanamo habeas appeal it is getting ready to hear. Last year, the government prevailed in the dist...
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No, you didn't read that wrong. And no, this isn't an episode of South Park.
The Center for Constitutional Rights and the Canadian Centre for International Justice have filed a complaint with the Geneva...
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Georgetown law professor David Cole has a new article up on SSRN, "Where Liberty Lies: Civil Society and Individual Rights after 9/11." It offers something of a retrospective on the role of civil societ...
