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Washingtonian magazine has published this profile of former Vice President Dick Cheney's counselor, David Addington, who is now at the Heritage Foundation. The piece is devoted to a considerable extent t...
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Hot on the heels of a National Security Council debate last Thursday concerning whether to reduce the pace or scope of CIA drone strikes in Pakistan (reported by the Wall Street Journal here; please do c...
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ABC News (among other sources) reports:
In a new video message released on the internet Friday, American-born al Qaeda spokesman Adam Gadahn calls on Muslims living in America to carry out deadly one-man...
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Bruce Ackerman has responded on Balkinization to Trevor Morrison’s review of Ackerman’s book The Decline and Fall of the American Republic. Ackerman’s opening paragraphs explain his post and have all th...
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According to ABC News and the New York Times, House Speaker John Boehner today will call for a vote on two resolutions regarding the use of force in Libya - one sponsored by Rep. Denis Kucinich, and the ...
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Two Guantanamo detainees, Fahmi Al-Assani and Suleiman Al-Nahdi, have moved the D.C. Circuit to dismiss their habeas appeals (Al-Assani's motion is here, Al-Nahdi's is here).
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The two main headlines on the online NYT at the moment are about the E Coli outbreak in Germany and the alleged hack by China of Google. I have not seen anyone speculating that the E Coli outbreak is a ...
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This is the first in a regular series in which I will collect and disseminate headlines and commentary of interest to Lawfare readers. I can't promise that this will be a daily feature, but will do my b...
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The D.C. Circuit has denied rehearing en banc to Guantanamo detainee Uthman Abdul Rahim Mohammed Uthman, whose habeas case the court decided in March.
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Several pieces in the news today may be of interest to Lawfare Readers.
The Washington Post reports on the Pentagon's list of critical cyber-weapons:
The Pentagon has developed a list of cyber-weapo...
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The administration just issued a Statement of Administration Policy on a DHS appropriations bill (H.R. 2017), which contains a spending restriction similar to one of the Guantanamo transfer restrictions ...
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After a bit of a slow start, Lawfare's Facebook page is picking up steam. Just under 300 people have "liked" Lawfare (you should too if you haven't), and people are starting to leave comments on the site...
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DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks. From DOD's press release:
T...
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Last week I posted about the views of some in Congress who are upset that the government might not employ the military commission system to prosecute certain offenses committed in Iraq. I noted that the...
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The Supreme Court has reversed the Ninth Circuit in al-Kidd v.
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One further thought about the D.C. Circuit's Al Madhwani opinion--along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opini...
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Earlier today I noted a couple of scenarios in which the US government might want detention authority yet face obstacles in relying on the original AUMF should we have withdrawn in the interim from Afgha...
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For the record, the Buchanan Amendment is a bad idea, and I hope that it dies in conference. In addition to being constitutionally vulnerable in at least some applications (Milligan anyone?), and hamhan...
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Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject.
First, if it was not c...