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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.
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Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit. A few weeks ago the Second Circuit sent the parties this intriguing letter:
Dear Counsel:
The panel in the...
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Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders:
[I]f the story is accurate and not authorize...
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A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...
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At midnight, the federal government is scheduled to turn into a pumpkin for the first time in 17 years. Government shutdown may be "a show which typically ends with a last-minute deal," but legislators a...