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Jacob Bronsther, a third-year student at NYU Law School, who spent time as a Fulbright Scholar studying the the Muslim community in Mauritius, sent Brig. Gen. Mark Martins comments on his guest posts, wh...
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Opinion here. More to come after we've had a chance to digest the full opinion.
UPDATE: Below are selected excerpts from the opinion (footnotes omitted).
Excerpt from introduction:
This is a unique ...
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I met Adam Klein, then a first year law student, sometime back, when his professor, Matthew Waxman, sent him my way. Matt had suggested that Adam work with me for his 1L summer and told me he was excepti...
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Today, Omar Khadr and fellow habeas petitioners filed a cert. petition in one of a number of non-merits Guantanamo matters. The petition challenges the D.C. Circuit's September decision to vacate several...
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We are very pleased to present this guest post by Professor Tom Nachbar, who teaches antitrust, communications law, and constitutional law at the University of Virginia. Tom is also an Army Reserve judge...
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Senators Joseph Lieberman, John Ensign, and Scott Brown have introduced a bill to amend the Espionage Act in order to facilitate the prosecution of folks like Wikileaks. The bill is confusingly called th...
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This past week two detainees who lost their habeas merits appeals before the D.C.
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In light of the recent discussion on Lawfare of WikiLeaks and the Espionage Act, some readers might be interested in Jennifer Elsea's October 2010 CRS Report on Criminal Prohibitions on the Publication o...
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A piece in today's Washington Post opens with the claim that the government has been caught up in illegal surveillance: "The federal government has repeatedly violated legal limits governing the surveill...
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Those of you concerned about the Wikileaks disclosures will be reassured to know that the military IT folks are on the case and are aggressively cracking down on--drum-roll, please--us. That's right, fol...
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The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress. That same day, it turns out, Vice Adm.
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There are 48 proferred amendments to the FY 2011 Defense Authorization Act, and I'm not going to pretend to have read through them all. But I'm pretty sure that if I did, Amendment 4704--the only one I h...
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Can an Iraqi citizen sue the U.S. government to get financial relief when U.S.
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I was unaware when I wrote my post this morning that my frequent sparring partner Steve Vladeck had given testimony on the Espionage Act and related statutes this past spring. It is an excellent primer o...
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Two weeks ago, I posted a question for Atlantic blogger Jeffrey Goldberg in light of some remarks he made to Nick Baumann of Mother Jones objecting to the targeting of Anwar Al Aulaqi. Goldberg had expre...
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Amid the proliferating cries for prosecuting Julian Assange and shutting down Wikileaks--an undertaking for which, I should note, I harbor no small sympathy--a few people have noted that the Espionage Ac...
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...then you'll want to keep up with Tung Yin (Lewis & Clark Law), a good friend and colleague who has established a channel on his always-interesting blog for just this purpose. A sampling of his covera...
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Michael Leiter, the Director of the National Counterterrorism Center, gave an important speech today at CSIS that touched on many topics, including an overview of the foreign and homeland terrorist threa...
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Over at Mother Jones, Nick Baumann offers a thoughtful response to my post yesterday, which in turn responded to his earlier post on Al Aulaqi. I don't mean to respond further, since I think the exchange...
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We will not be in the habit of posting job opportunities, but this one is worthy of an exception. The Foreign Intelligence Surveillance Court employs five attorneys as "counsels" who assist the court in...