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Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term:
First, he must release certain Guantánamo detainees, who hav...
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I was struck by this report of a recent oral argument in the 2nd Circuit involving a terrorism prosecution. The defendant (and his co-conspirators) were convicted of having plotted to blow up a synagogu...
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This has gotta be a first of some kind.
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Noah Shachtman of Wired magazine’s Danger Room describes the criminal history of Mark Basseley Youssef, the delightful individual behind the “Innocence of Muslims” film that sparked protests across the A...
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The long national nightmare is over. We can all breathe a huge, collective sigh of relief.
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A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...
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The government has filed its its opening brief in the Second Circuit Hedges appeal. The introduction reads:
This suit is brought by a handful of journalists and activists who, based on their stated activ...
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On Friday, attorneys for 9/11 accused Mustafa al-Hawsawi filed a motion to dismiss the charges for lack of jurisdiction (AE 107). In the motion---which is still undergoing security review, and thus not...
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I bet you thought we'd take today off of the roundup, didn't you? But as long as there are reporters out there covering things other the opening of the polls in Dixville Notch and Hart's Location at midn...
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If you are around DC on Thursday, November 8, and have an interest in cyberwarfare and law, the AU International Law Journal and National Security Law Brief are jointly presenting a program at Washington...
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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following thoughts on fusion centers:
As Matt Waxman noted last month, the...
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Last Friday, a Fourth Circuit panel issued a surprising decision in Yousuf v. Samantar, in which it concluded that “officials from other countries are not entitled to foreign official immunity for jus co...
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Best wishes to all, on this, the most Lawfare-relevant holiday around.
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Readers probably won't be surprised that, as Professor Andrew Kent noted at the end of his guest post, I've already drafted a longer response to Andrew's important and provocative new essay, "Do Boumedie...
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For those seeking a respite from pre-election analysis and predictions, you've come to the right place. Or at least, the closest thing to right place based in Washington, D.C.
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No, it wasn't a cyber-attack. I was doing some work on the Wiki Document Library and accidentally password protected the entire site. Thanks to those of you who brought this to my attention, and apologie...
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A year ago, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I argued that unless the Obama Administration did a better job explaining the legal a...
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Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...
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[Update (11:41 a.m.