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What Might Congress Do To Stop the Obama Administration From Disregarding Congressional Transfer Restrictions In the Course of Closing GTMO?
Last week I explained how the Obama administration might extend it constitutional arguments for disregarding statutory detainee transfer restrictions in the Bergdahl context to the restrictions on transf... -
Focusing on 702: A Brief Reply to the Brennan Center’s Liza Goitein and Faiza Patel
The Brennan Center’s Liza Goitein and Faiza Patel have posted a response to my post of last week challenging three of their recommendations in their recent report on the FISA Court. This post is a brief... -
More on the Legal Basis for the Administration’s Disregard of Congressional Restrictions on Detainee Transfers in the Bergdahl Context, and on the Implications for Closing GTMO
Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl: To say that the President disregarde... -
Terror Money, Mid-game Rule Changes, and Presidential Power
As the details of a nuclear deal are hammered out, a case that directly implicates the American-Iranian relationship is clamoring for cert. On Monday, the Supreme Court asked for the view of the Solicito... -
Today's Headlines and Commentary
Dzhokhar Tsarnaev has been found guilty of all 30 counts charged in connection with the 2013 Boston Marathon bombings. -
Nathan Wood: The Ferguson Consensus is Wrong: What Counterinsurgency in Iraq & Afghanistan Teaches Us About Police Militarization and Community Policing (Lawfare Research Paper Series)
For interested readers: the latest installment of the Lawfare Research Paper Series. -
PCLOB Takes on Executive Order 12333 Surveillance
The Privacy and Civil Liberties Oversight Board yesterday had a public meeting yesterday to, as its web site describes it, "discuss and vote on a proposed plan for its review of counterterrorism activiti... -
In Case You Missed It Yesterday
This happened. You can do that thing you want to do by clicking on this link. -
Today's Headlines and Commentary
An Afghan soldier opened fire at a government compound in Jalalabad earlier today, killing one U.S. soldier and wounding at least two others, the Associated Press reports. It’s the second fatality suffer... -
Fixing the FISA Court by Fixing FISA: A Response to Carrie Cordero
Our friend Carrie Cordero has levied criticisms against three of the recommendations presented in our report, What Went Wrong With the FISA Court. We appreciate, as always, her constructive engagement wi... -
On the Issue of “Jurisdiction” over ICANN
By now readers of this blog know, the United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA). That aut... -
The Consequences of Congressional Inaction on the AUMF
Yesterday, I wrote about the consequences of congressional inaction over the next two months with respect to Section 215 of the Patriot Act. Today, I want to focus on another area where Congress is poise...
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