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Today, I have a piece over at Security States, a joint project of Lawfare and The New Republic which just got underway this week.
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Despite the government shutdown, the Senate Judiciary Committee is moving forward with its planned hearing on FISA.
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Here's a new addition to the Lawfare Wiki Document Library: A set of resources on this year's FISA leaks and declassifications. Our amazing intern, Nicholas Basciano, is still working it---so please emai...
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Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...
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That apparently is the gist of AE155, an order handed down today down at Guantanamo---but still not yet available on the military commissions' website. (We've covered this litigation in detail, most rec...
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Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe...
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For those readers who missed our experiment with live webcast programming through the West LegalEdcenter, here's your second chance.
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The federal government is shut down, but Lawfare is still open. Here's the national security-related news in the shutdown story: SecDef Hagel is working hard with his lawyers to figure out how to limit t...
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The government may be shut down, but as Paul noted earlier, Security States---our new project with the New Republic---is open for business.
We will make a practice, as Paul did this morning, of linking ...
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As Ben noted yesterday, today Lawfare begins a cooperative project with the New Republic. Today, I have a piece in the new Security States blog about cyber contingency planning for possible military act...
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Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...
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In a sense, today’s lengthy en banc D.C.