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All roads lead to Iran---at least in the news these days. There's the nuclear talks, which are coming to a head. There's common interests between the United States and the Islamic Republic in the conflic...
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[Update: A colleague writes in to say that Khatalla may have been in "civilian" custody, formally speaking, all along. That may be; I recall a statement after the capture to the effect that the raid wa...
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The week began with the Department of Justice’s release, under a Second Circuit court ruling, of a redacted version of an Office of Legal Counsel (OLC) memo that outlined the government’s justification f...
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I'm surprised this hasn't generated more attention: First, an article in the New York Times yesterday mentioned, right at the very end, the possibility that in addition to the 300 special operators heade...
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That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority. It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec...
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As Wells noted a few days ago, the U.S. District Court for the District of Oregon issued an opinion this week in Latif v. Holder, which held unconstitutional certain redress procedures for individuals on...
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As we have noted in the past, there is a brewing fight over who controls the naming function for the internet. I suspect that some who've read these posts have wondered if they were truly germane to nat...
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Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what's left reads, in part:
Nor would the fact that CIA personnel would be involved in the operat...
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Today’s news coverage begins with Syria for a change. The Associated Press reports that President Obama has requested $500 million from Congress to arm and train vetted, pro-Western members of moderate S...
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President Obama yesterday sent the letter to the Speaker of the House, and to the President Pro Tempore of the Senate. Its text reads as follows:
Dear Mr. Speaker: (Dear Mr. President:)
As I reported o...
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The Stimson Center released today the report of its Task Force on US Drone Policy. The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks. The report m...
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The other day, I tried to read the tea leaves and figure out where the notion of "imminent threat" comes from in the administration's legal views of targeted killing. I speculated that the source of the ...