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This keeps getting more interesting. A moment ago I raised the question how critics would respond if this proved to be a drone strike. Now someone on CNN says it was a "human operation". Same legal qu...
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I'm not. I want to hear from Mary Ellen O'Connell on this. Was this strike--if it was, in fact, a drone strike--unlawful? Are the CIA personnel who conducted it war criminals?
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[SECOND UPDATE: Not a drone strike, and probably not a test of the legal questions raised by drones...see here.]
The President has not yet spoken to the public, but early reports indicate that UBL was k...
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...says CNN.
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CNN reporting. President to speak momentarily.
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Near the time we launched this blog last September (has it really only been half a year?), there was an impressive symposium on the topic of "lawfare" at Case. The articles for that symposium have now b...
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Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Pol...
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...but it is kind of sad, anyway, that some people are taking the opportunity of the Left's sliming of Paul Clement to begin attacking once again those Justice Department attorneys who in private practic...
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Barton Gellman just published this lengthy profile of FBI Director Bob Mueller in Time. I haven't read it yet but will post thoughts when I do.
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I have mixed feelings about this New York Times oped by the ACLU's Jameel Jaffer and Larry Siems of the Freedom to Write program at the PEN American Center, who are urging that government officials durin...
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...that every non-government employee in the world can discuss what the Wikileaked documents say about Guantanamo detainees except their own habeas counsel--who remain gagged as a consequence of their ob...
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I am delighted to announce that Kenneth Anderson has agreed to become Lawfare's new book review editor. As I noted a few weeks back, the volume of recent and forthcoming books of potential interest to re...
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I have recently blogged about two issues: whether congressional authorization is required as a constitutional matter for U.S.
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There is still no institution in American politics by which I feel more represented than I do by my former colleagues at the Washington Post editorial page. This editorial makes, in my view, all of the i...
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NPR's Carrie Johnson is reporting that Attorney General Eric Holder has spoken out strongly on behalf of Paul Clement:
To the list of prominent lawyers defending former Solicitor General Paul Clement's d...
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One of the few bright spots when the flap over the Justice Department lawyers who previously had Guantanamo clients broke last year was the rapidity with which prominent conservatives denounced the attac...
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For what it's worth, I hate the Defense of Marriage Act and always have. I want it repealed and will shed no tears if it gets struck down in the courts. On its face, moreover, what happened today between...
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Habeas lawyer David Remes just sent in the following:
Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because...
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National Public Radio has added its voice to that of the New York Times on the new Wikileaked Guantanamo files. NPR actually has a few stories, along with this database--done in conjunction with the Times.
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The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya. The focus on the detainees is agonizin...