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That's the title of an hour-long panel discussion which will be held at noon on September 25, and hosted by the Heritage Foundation's Cully Stimson. He'll be joined by Dechert's Steve Bradbury, and our...
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Kevin Heller and I have been debating whether the CIA drone strike targeting Anwar al-Aulaqi violated 18 USC 1119, which makes it a felony to kill American citizens overseas (to be clear, our exchange ha...
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According to this story in the Post, an unidentified administration official--maybe the President, maybe not--has raised the possibility that the plans for a ramped-up campaign against IS will not need f...
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While Congressional leadership may be hesitant to take up a vote authorizing the president to use military force in Iraq and/or Syria against ISIS in the coming weeks, we've seen several different author...
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Our guest this week is Orin Kerr, professor of law at George Washington University and well-known scholar in computer crime law and internet surveillance. Orin is our second return guest, and he demonst...
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The Iraqi parliament has approved a new cabinet to be led by Prime Minister Haider al-Abadi, the New York Times reports. However, lawmakers left what are perhaps the two most important positions for coun...
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Yesterday the President sent his seventh Iraq-related War Powers Resolution (WPR) letter since June, and the fourth in about a month. The new letter concerns U.S.
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The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Sarah Cleveland, and it explains the Project on Harmonizing Standards for Armed Conflict. A ...
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This is a pretty interesting document: A 1944 memo from Herbert Weschler, then assistant attorney general, outlining the U.S. government's developing view of conspiracy as a war crime.
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Yesterday I posed the question whether the 2001 AUMF has any continuing significance, legally-speaking, for counterterrorism activities (especially drone strikes) in Pakistan, Yemen, etc., given that the...
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This Friday, the U.N. Human Rights Council will hold a session to discuss the right to privacy in the digital age. The Council is considering these issues in the wake of a General Assembly Resolution ado...
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The latest DNI Guantanamo recidivism report is available here. The last such report is here. As you'll see, not a a lot of change.
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The Washington Post reports that the Islamic State has anti-tank weapons that have been seized from Syrian rebels. The news comes from a report by Conflict Armament Research, which concluded that ISIS fi...
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Event Announcements (More details on the Events Calendar)
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This coming Wednesday evening, President Obama will address the country on the topic of Iraq and the Islamic State, describing his strategy and making the case to the public to support an approach that n...
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Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes.
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And, since I'm catching up on my blogging this morning, let me also recommend this paper by Scott Glick from the National Security Division of DOJ. Very much relevant to the ongoing meta-data debate an...
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Well, summer is over now and it's time to get back to the real world. For starters, I had a chance to participate in a podcast for The Security Ledger on the topic of the vulnerability of the Internet o...
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Editor’s Note: Pundits in the United States and Europe worry that Russia’s invasion of Ukraine heralds the rebirth of an aggressive and dangerous adversary. Yet while Russia’s so-far successful military ...
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The Department of Justice recently released two Office of Legal Counsel opinions by Lawfare's own Jack Goldsmith from 2004. The first memo provides a lengthy and at times heavily-redacted justification f...