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Three somewhat broader thoughts in addition to this morning’s analysis:
1.
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Al Qaeda has announced a successor to Osama bin Laden: Ayman al-Zawahiri will be its new leader. The New York Times covers the story here, while The Washington Post's coverage is available here.
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I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen....
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Yesterday I noted that a series of recent news articles suggest that only the CIA can lawfully conduct strikes without the host-state's consent, and that this is one reason (in addition to various policy...
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Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no...
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In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments.
Here is the a...
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A series of articles over the past few days have discussed plans for the CIA to operate armed drones in Yemen, where U.S. armed forces already have been using lethal force against AQAP targets (cruise mi...
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Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio...
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At this hour, I am participating in a briefing for the House Armed Service Subcommittee on Oversight and Investigations concerning transfers of Guantanamo detainees to Yemen. Brookings has posted my writ...
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Dennis Kucinich, Ron Paul, and eight other members of the House of Representatives have sued the President for injunctive and declaratory relief in connection with the President’s alleged violations of t...
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The New York Times and The Washington Post report that Pakistan's top intelligence agency has arrested five CIA informants involved with the raid on the bin Laden compound. These arrests seem to signify ...
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Jose Padilla and his mother have appealed the dismissal of their civil case against a raft of current and former Defense Department officials.
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The appellant's reply brief is now available for Suleiman v. Obama. Petitioner Abdulrahman Suleiman challenges Judge Reggie Walton’s July 2010 decision denying him the writ of habeas corpus.
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Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P...
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The appellant's brief in the case al-Zahrani et al. v. Donald Rumsfeld is now available. This case relates to the reported suicides at Guantanano in 2006, the conspiracy theories about which Ben wrote he...
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Here is a sampling of recent news and analysis that may be of interest to Lawfare readers.
Both the Washington Post and the Wall Street Journal [subscriber access only] are reporting that the CIA, work...
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Signs of activity from special prosecutor John Durham,
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In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...
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The Australian newspaper is reporting that three of the Guantanamo Uighurs sent to Palau from Guantanamo have applied for Australian residency permits:
THREE Chinese Uighurs who were for years detaine...
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The memorandum opinion filed on May 23rd in al-Hajj v.
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