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I'd like to expand on Ben's post below in relation to Hedges and the First Amendment, focusing on the "material support"/"substantial support" issue. (I'm having to write quickly, so please excuse any t...
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OK. I admit it. I made up the quote that is the title of this post. Senator Rockefeller never said any such thing. But he did almost as much by demonstrating (probably by accident) why industry fear ...
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The other day, in response to Raha Wala’s comments on Hedges, I promised to address the First Amendment question at the heart of Judge Forrest’s ruling---a promise that seems to have excited David Remes....
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Harold Koh, Legal Adviser to the State Department, delivered an important speech yesterday, September 18, at the U.S. Cyber Command Inter-Agency Legal Conference on the applicability of international law...
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Rajiv Chandrasekaran of The Washington Post reports that the Taliban is increasingly focusing on “conducting audacious attacks against prominent targets across the country, including the U.S.
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I attended a conference yesterday at Ft.
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Remember Nashiri v. MacDonald?
That's the civil lawsuit that Abd Al-Rahim Hussein Muhammed Al-Nashiri, a defendant in a military commission case at Guantanamo, brought against Bruce MacDonald, the commi...
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Based on the voluminous media and blog coverage of last week's decision in Hedges v. Obama, in which Judge Forrest permanently enjoined at least part of the detention provision of the FY2012 NDAA [sectio...
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Chris Hedges yesterday put out this op-ed about the case bearing his name---in which, as doubtless you know by now, a district judge recently enjoined the enforcement of Section 1021(b)(2) of the NDAA. ...
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All American government employees except emergency U.S. government personnel were evacuated from Tunisia and Sudan over the weekend, writes the Washington Post. The Post also says that negotiations on U.S.
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Circuit judge Raymond Lohier has granted the Justice Department's request for an interim stay of the permanent injunction in Hedges, pending the Second Circuit's consideration of the government's motion ...
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Obaydullah, a Guantanamo detainee, today asked the D.C. Circuit to take up his case once more.
A three judge panel of that court earlier affirmed the denial of Obaydullah's petition for a writ of habeas...
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Here is the letter sent today from the White House (courtesy of John Brennan) to Senator Rockefeller. It begins:
The executive branch national security team - including civilian, military and intelligen...
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More on the government's ongoing effort to stay the district court's entry of permanent injunctive relief in Hedges v. Obama: it appears that the government's initial motion before Judge Forrest was for ...
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Lots going on in our favorite region of the world.
The Taliban launched an attack on a NATO base in Helmand Province in Afghanistan over the weekend, destroying eight fighter jets and killing two Marine...
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On September 7, the Justice Department filed a Suggestion of Immunity on behalf of former Mexican President Ernesto Zedillo in a suit against Zedillo under the Alien Tort Statute and Torture Victim Prote...
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Several weeks ago I noted that Iran had announced its intention to sue the developers of the Stuxnet virus. As I said, it was an almost perfect Lawfare type question -- in what court? under what theorie...
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This piece on Foreign Policy's website highlights a topic that is growing increasingly significant, yet gets little attention: private sector entities conducting retaliatory or even anticipatory hacks a...
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My post about the possible use of Facebook's Comment utility on Lawfare has generated no particular groundswell of either enthusiasm or opposition. But the Lawfare Ruling Triumverate has decide that it s...
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Little did Ritika know, when she wrote about the case of the missing drone over Washington the other day, that she would precipitate a legal crisis for the Lawfare Drone Smackdown. But her post went a bi...