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Not for the first time, and certainly not for the last, it appears that the Supreme Court disagrees with me--and doesn't think the constitutionality of courts-martial for civilian contractors is worth it...
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Thomas Nachbar (well known to many Lawfare readers - University of Virginia law professor and US Army reservist in the JAG Corps, among other roles) has posted to SSRN a paper originally published last ...
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Attorney General Eric Holder yesterday made these remarks at the University of California Berkeley School of Law's Commencement.
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On April 24, Ben gave a talk at Britain's Parliament. The Henry Jackson Society organized the event, which was entitled "Are Drones the New Guantanamo?"
A lively question-and-answer session followed Be...
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National Public Radio has run this very interesting story on the situation at Guantanamo. It's a lengthy segment, more than 11 minutes and features extended comments from former Attorney General Alberto ...
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I have emerged from my undisclosed location to bring you this week at Lawfare, which saw a lot of detention-related commentary, a serious dose of Ben critiquing Harold Koh, analysis of U.S.-versus-China ...
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Earlier today I posted a commentary on "Boston Bombings: Local Police and Counterterrorism Intelligence," based on reported claims that the FBI failed to pass on important threat information to the Bosto...
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Benjamin Weiser of the New York Times reports on a terrorism case unsealed in Manhattan last night. One Ahmed Abassi from Tunisia has been “accused of seeking to develop a terrorist network in the United...
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Laura Dean is a journalist and writer living in Cairo, from where she has been doing election monitoring projects in countries around the region. She is also a good friend, from earlier days when she liv...
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Over at the Heritage Foundation, Senior Legal Fellow Cully Stimson held this event the other day, at which Kenneth Wainstein spoke:
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The New York Times had a story yesterday headlined “F.B.I. Didn’t Tell Boston Police of Warning on Brother”:
Police Commissioner Edward Davis said that though some of his officers worked with the F.B.I. ...
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The New America Foundation has released a fact sheet listing the identities of Guantanamo Bay detainees who are "confirmed to be or suspected of engaging in militant activities against either U.S. or non...
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Let’s begin with yesterday’s Benghazi hearing. Gregory Hicks, former Deputy Chief of the U.S. Mission in Libya, gave a first-hand account of the attack, and said that he was demoted for questioning the a...
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Steve has responded to my post on Harold Koh’s sudden discovery of inviolable commander in chief powers.
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From Harold Koh’s speech to the Oxford Union the other day:
Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa...
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From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...
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Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of...
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Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit. As the...
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From Harold Koh's speech to the Oxford Union yesterday:
A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...
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