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The hearing on FISA reforms will get going today at 2:30 p.m, and (as always) be broadcasted live via C-SPAN. The witness line-up is below with links to written statements.
First Panel (Government):
Ja...
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I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA...
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The question of the composition of the FISA Court---politically, demographically, and in terms of professional background---has arisen periodically throughout the last year. It has given rise to news cov...
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The controversy over the liberation of Sgt. Bowe Bergdahl continues. Early today, the Taliban released a video showing Bergdahl's handover to U.S. forces. He is shown with a clean-shaven head and face, a...
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We begin this week’s podcast with Edward Snowden’s NBC interview and the kerfuffle over his claim to have raised concerns about the agency’s intelligence programs before he launched his campaign of leaks...
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Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko's petition for an en banc rehearing. Back in January, a three-judge panel of the D.C.
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Today's ruling in Smith v. Obama grants the government's motion to dismiss, and thus bats away a Fourth Amendment-based challenge to NSA telephone metadata collection---for the reasons one would expect. ...
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The topic of net neutrality (i.e.
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Over at Point of Order, Michael Stern has an amusing and informative reflection on how President Washington might have responded to a House inquiry into a military defeat in the Northwest Territories, ha...
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Following up on last weeks indictment of 5 Chinese PLA members for economic espionage, the Department of Justice continued yesterday its apparent prosecutorial offensive against cyber criminals. The cas...
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The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds.
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Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and
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Lots of discussion in the wake of the weekend’s freeing of Sgt Bowe Begdhal in exchange for the transfer of five Afghan Guantanamo detainees. Ben has outlined his thoughts on the matter, while Jack has f...
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The Convening Authority's sign-off came yesterday, and now allows the Guantanamo case to proceed to arraignment. There are five charges in all---including denying quarter, attacking protected property, ...
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From NBC News.
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The first is by George Packer, writing in Prospect:
Some of the instances are more subtle than others, but spread over the several hundred pages of this book, they reveal a mind that has liberated itsel...
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This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week:
The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...
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Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute...
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What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it...
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Professor Mike Lewis (Ohio Northern University's Pettit College of Law) writes in with the following guest post:
There Is No Transparency Requirement for Drone Operations
