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8/22 Motions Session #4: Docket Clean-up
The screen comes alive, but not action in the courtroom. Irritation from the judge, whose ten-minute recess took, well, fifteen. Judge Pohl adds that, simply because an accused intends to attend an afte... -
Initial Observations on Newly Declassified FISA Documents
With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be. Before ... -
8/22 Motions Session #3: AE018 Wrap-Up
The military judge calls the commission to order once more. Speaking for Ammar al-Baluchi, Lt. Col. Sterling Thomas describes the sworn duty of military attorneys---defense and prosecution alike. This g... -
8/22 Motions Session #2: What is Contraband?
Rug swept and table dusted, the parties again take up consideration of AE018, the government’s motion for a privileged written communications order. Edward Ryan, of the prosecution, picks up where he lef... -
The NSA Documents, Part IV: The September 2012 FISC Opinion
The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down... -
The NSA Documents, Part III: The November 2011 FISC Opinion
The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ... -
8/22 Motions Session #1: Dislike of "Piecemeal Litigation"
Judge Pohl re-convenes the military commission, and tallies the show-ups and no-shows. Khalid Sheikh Mohammed is in the house, as is Ammar al-Baluchi; their three co-accused are not. -
9/11 Case Motions Hearing: August 22 Session
The audience at Burba Cottage has shrunk slightly. But your Lawfare correspondents are ready to begin Day Four of this week's pre-trial motions hearings in United States v. -
The NSA Documents, Part II: The October 2011 FISC Opinion
The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC. -
The NSA Documents, Part I: Introduction
Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ... -
Second Circuit Holds Remaining ATS Claims in Apartheid Litigation Barred by Kiobel
The Second Circuit today held that the ATS claims against Ford, Daimler, and IBM -- the three remaining defendants in the decade-long litigation against more than fifty companies for allegedly aiding an... -
Declassified Intelligence Community Documents
The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list...
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