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Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson's book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Af...
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We noted last week that the D.C. Circuit Court of Appeals denied Ali Hamza Ahmad Suliman al Bahlul's petition for an initial hearing in that court en banc.
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The unofficial transcript from May 3rd's oral argument in Hamdan v. USA in the D.C. Circuit Court of Appeals before Chief Circuit Judge David Sentelle and Circuit Judges Douglas Ginsburg and Brett Kavana...
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I am as perplexed by yesterday's Hedges decision as either Steve and Bobby--and largely agree with both of their posts on the subject.
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A few reflections on Hedges v. Obama, enjoining at least some aspects of section 1021 of the NDAA:
A Self-Inflicted Wound?
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Ben is a far better wordsmith than I--"a little cowardly" communicates a lot more in a lot less than my post from Tuesday afternoon about why the House Armed Services Committee's version of the FY2013 Na...
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I've now had more of a chance to read through Judge Forrest's decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 Nati...
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Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing...
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The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe...
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Don’t be a bonehead: If you haven’t already done so, please fill out our Reader Survey!
Let’s begin with drones (which will get you if you don’t fill out the Reader Survey).
The Washington Post reports...
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For those who may have missed this, I'm moving it back to the top of the blog. The more responses we get, the more useful it will be.
We'd love to get feedback on the site. We'd also like to learn more...
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I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t...
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The White House SAP on HR 4310 (NDAA FY'13) also has a brief reference to the proposed "military activities in cyberspace" provision, but it does little more than flag that the White House intends to eng...
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The White House has issued a SAP (Statement of Administration Policy) threatening to veto HR 4310 (the NDAA FY '13) on various grounds, including objections to the detainee provisions found in sections 1...
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As Raffaela noted in today's news summary, it is being reported today that EU naval forces attacked pirate bases on the Somali mainland. Several people have asked: "The EU has a navy?"
The background h...
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Over at DefCon Hill, Jeremy Herb shares a letter written by former Attorneys General Edwin Meese III and Michael Mukasey and former Secretary of Homeland Security Michael Chertoff to House Armed Services...
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We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been...
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Ken already wrote up Jen Daskal’s new article, “The Geography of the Battlefield: A Framework for Detention and Targeting Outside of the ‘Hot’ Conflict Zone,” so I won’t summarize it again here. It’s a p...
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All too often in Washington, we focus our attention on the "important" legal issues and lose sight of the fact that most of the law and policy is made at a lower level where significant legal and plannin...
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I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade.
