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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...