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Military judge Vance Spath opens Wednesday’s motions proceedings with AE 181G, a defense request to reargue the underlying defense motion to remove the possibility of the death penalty for Al-Nashiri if ...
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It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS:
Second, I'm going to begin en...
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Those of you interested in the organization of the Intelligence Community may recall a major initiative launched by the Defense Intelligence Agency, in 2012, to expand the size and focus of its HUMINT co...
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The only holiday devoted to celebrating the failure of non-state actors to destroy the symbols and institutions of state power.
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The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul...
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Our guest is one of the most highly regarded cybercrime prosecutors in the country - John Lynch, the Chief of the Computer Crime and Intellectual Property Section (CCIPS) in DOJ's Criminal Division. Amo...
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First of all: Happy Guy Fawkes Day from all of us at Lawfare.
4 years after the 2010 Republican wave, Democrats across the country got shellacked again yesterday.
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Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...
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A little programming note here, y'all: today marks the first of a two-day, pre-trial hearing in the military commission case of United States v. Al-Nashiri. But Lawfare unfortunately won't be in the hou...
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That takes the count down to 148 detainees at Guantanamo. Here's the story from the Miami Herald's Carol Rosenberg:
GUANTANAMO BAY NAVY BASE, Cuba A Kuwait aircraft lifted off from this remote Navy bas...
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Brig. Gen. Mark Martins' remarks on the two-day pre-trial session, which commences today, can be found here. (Note that the hearing will proceed, despite the pendency of the United States' appeal of the...
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It's Ben's birthday, and a very kind person sent over this excellent story in Slate as a present.
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A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan:
As you may recall, we have long since ceased holdi...
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The D.C. Circuit has posted the audio in Klayman v. Obama, the Section 215 case, here.
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All across the United States, people are going to the polls today to vote in this year’s midterm elections.
19.3 million early votes have already been logged in the most expensive midterm election ever....
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is here.
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The wise Walter Pincus had a good piece yesterday in the WP that makes two points: (1) the United States’ fight “against the so-called Islamic State has just begun and will last for years,” and (2) “Iraq...
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Today I attended the hour-long oral argument in Zivotofsky v. Kerry.
I won’t rehearse the facts or procedural history, other than to remind readers of the basic question under discussion: the constitut...
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Today marks the beginning of oral arguments in the landmark Zivotofsky v. Kerry case. Lawfare has devoted extensive coverage to the trial and its implications, a small selection of which can be found her...
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Over at Just Security, Ryan Goodman analyzes UN Special Rapporteur Ben Emmerson's claim that states owe the same privacy protections to non-nationals abroad as to their own citizens at home in conducting...
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