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There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se...
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This week in NSA: The House passes an NDAA amendment to regulate “secondary” searches of 702 data, and the prize for Dumbest NSA Story of the Month Award goes to Andrea Peterson of the Washington Post fo...
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Coincidentally, they come to us from two different federal judges in the District of Oregon.
The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due...
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On May 27, a unanimous Supreme Court---to little notice from just about anyone---handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a ...
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Civil strife and bloody violence rage on in Iraq.
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Apologies for Shameless Self-Promotion, but I wanted to mention an essay of mine that came out a couple of months ago as part of an excellent symposium on the work of Harvard Law School's comparative law...
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I have this feeling that a lot of people are going to mischaracterize the just-released OLC memo on the Anwar Al-Aulaqi strike. Just a guess. So before expressing any opinions on the subject or arguing w...
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The Second Circuit has just released a redacted version of the OLC Drone Memo--here is the memo; here is the panel's full, revised April 21, 2014 decision with the memo appended at page 67.
You'll recal...
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Cyber Attack on Hong Kong Among Largest Ever. "The online voting platform for the unofficial referendum now underway on Hong Kong’s political future has been subjected to one of the most severe cyberatt...
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I yield to nobody in my capacity to be surprised by Congress, but sometimes even I get a bit of a shock. I totally get the idea that everyone is angry at the NSA. And, indeed, I've spoken publicly abou...
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This morning, the New York Times cites recent Western officials and experts who have indicated that Iraq's military forces are "combat ineffective" and its leadership is crippled by corruption. In an int...
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Eli Lake and Josh Rogin have a revealing story entitled Obama Flips on Immunity for U.S. Troops. It begins:
President Obama pulled U.S. forces out of Iraq in 2011 because he couldn’t get Iraq’s parliame...
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Last week the House of Representatives passed its version of the Defense Appropriations Act for fiscal year 2015, H.R. 4870, with a series of amendments with major implications for national security poli...
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As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...
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Event Announcements (More details on the Events Calendar)
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Editor’s Note: “People power” has long captured the hearts of Western publics, with images of brave protesters standing up to tyrants renewing our faith in how extraordinary ordinary people can be. Yet e...
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Brookings Senior Fellows Kenneth Pollack, Suzanne Maloney, and Michael O’Hanlon discussed the evolving security crisis in Iraq on Thursday at a Brookings event entitled "Iraq in Crisis: What Options Does...
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The news this week was dominated by the fact that U.S. Special Forces in Libya captured the man who allegedly orchestrated the September 11, 2012 attack on the American diplomatic compound in Benghazi: A...
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Back in 2006 or so, we had a great idea -- the Department of Homeland Security should do a quadrennial review, just as DOD does. Thus was born the QHSR -- the Quadrennial Homeland Security Review. The ...
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The government seems to think not, judging by New York Times coverage I noted earlier this morning. Among other things, the Times piece discusses the executive branch's thinking about Abu Khattalla's det...