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The best review I have seen of Glenn Greenwald’s new book No Place to Hide is by David Cole in the Washington Post, who concludes:
This is an important and illuminating book.
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Two reasons often given for the need to transfer targeting killing by drone from CIA exclusively to DOD are (i) collateral damage reduction, because DOD supposedly has stricter targeting criteria and bet...
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In his response to my earlier Lawfare post on the FBI's investigation of Tamerlan Tsarnaev and a later review of that investigation by various Inspectors General, Michael German misconceives my argument....
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So reports the BBC. The incident apparently happened back in March:
A drone almost collided with a US commercial flight in March, an official with America's flight regulatory agency has revealed.
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It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/o...
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For those who are still wondering why the Obama administration has not followed through on the idea of shifting all responsibility for drone strikes from CIA to JSOC, this story from Ken Dilanian of the ...
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Hundreds of thousands of people cast ballots in the referendum vote on regional sovereignty arranged by pro-Russian rebels on Sunday, reports Al Jazeera America, despite warnings from Ukraine's acting pr...
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"I believe that killing an American citizen without a trial is an extraordinary concept and deserves serious debate," writes Sen. Rand Paul in an oped in the New York Times this morning. "I can’t imagine...
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Event Announcements (More details on the Events Calendar)
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I recently posted a new draft article on FISA reform, A Rule of Lenity for National Security Surveillance Law, forthcoming in the Virginia Law Review. Here's the abstract:
This essay argues that Congr...
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On Friday I said that on a quick read, the Obama administration’s new pre-publication review policy seemed "overbroad to the point of practically unenforceable.” Friday afternoon, as Marty Lederman not...
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For the third time in five years, the Samantar case is back before the Supreme Court.
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Editor’s Note: Yemen is among the most vexing allies the United States has in the struggle against terrorism. Like Pakistan, the government in Sana’a is both a key partner and part of the problem. On the...
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Michael O'Hanlon of the Brookings Institution has co-authored Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century with Jim Steinberg, Dean of Syracuse’s Maxwell School. Th...
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That's the report from Ellen Nakashima of the Washington Post. According to her: "The Justice Department is seeking a change in criminal rules that would make it easier for the FBI to obtain warrants
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As the week began, Ben noted that the last few weeks have been fairly kind to NSA. Ben hypothesized that the story may finally be blowing over.
Well, maybe not quite over. Jack critiqued a new DNI direc...
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I was troubled by Philip Heymann’s Lawfare critique of the joint Inspectors General review of the government’s pre-Boston Marathon bombing investigation of Tamerlan Tsarnaev. There is much to commend in ...
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We have written previously about the decision by the Department of Commerce (through the NTIA -- the National Telecommunications and Information Administration) to transition control of the Internet Assi...
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Come and get it: a new trove of recently filed and/or unsealed pleadings in the closely watched and vigorously debated case of Al-Nashiri v.
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The United Nations issued a human rights report yesterday on the situation in South Sudan. The New York Times explains that report draws attention to the horrors being committed by both government and re...