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Columbia law professor Philip Bobbitt, author of Terror and Consent: The Wars for the Twenty-First Century, writes in with the following comments in response to my comments on the Charlie Savage story:
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A second Sunday paper has come and gone since the Anwar Al-Aulaqi strike, and still no New York Times editorial about it. I guess the killing of two U.S.
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I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t...
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A lot of new details in this Charlie Savage story on the OLC memo from last year on the legality of targeting Anwar Al-Aulaqi.
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Noah Shachtman reports at Danger Room that a “computer virus has infected the cockpits of America’s Predator and Reaper drones, logging pilots’ every keystroke as they remotely fly missions over Afghanis...
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Charlie Savage of the New York Times has filed this FOIA suit in an effort to acquire a classified report issued by DOJ and ODNI to Congress "pertaining to intelligence collection authorities" under sect...
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Today the Romney campaign issued a White Paper on Foreign Policy and National Defense. I have only had time to skim it, but this passage stood out as of particular interest to Lawfare readers:
Update th...
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Daniel Bethlehem, who recently stepped down as principal legal adviser of the UK Foreign & Commonwealth Office, has an interesting essay in the Harvard National Security Journal, on out-of-theater target...
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Lots of stuff today.
Yesterday afternoon, Senator John McCain pushed back on Senate Majority Leader Harry Reid's effort to stymie the NDAA over disagreements about detention policy. McCain is touting th...
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Members of both the House and Senate this week criticized China for what Representative Mike Rogers (R-Mich.) called "a massive and sustained intelligence effort by a government to blatantly steal commer...
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Walter Russell Mead argues (via Instapundit) that as a result of the Libya intervention, the world may be “farther from enshrining the duty to protect in international law than we were six months ago.” ...
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The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti...
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I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil...
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The Texas International Law Journal has just announced the forthcoming publication of a very interesting set of papers on the law of military detention, exploring the relevance of the law of neutrality a...
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Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or...
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This belated report just in by slow boat: In a brief filed on August 29, the Justice Department asserted immunity on behalf of President of Rwanda Paul Kagame in an Alien Tort Statute suit brought agains...
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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...
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Certain segments of the Lawfare readership--and they know who they are--have been clamoring for a roundup solely dedicated to analysis of the legality of the targeted killing of Anwar Al-Aulaqi, so I wil...
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Stewart Baker – former Assistant Secretary for Policy at DHS and former NSA General Counsel – has an essay in Foreign Policy arguing that government lawyers are interpreting laws governing offensive cybe...
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By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...