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Today’s Headlines and Commentary
The ACLU has filed a lawsuit against the NSA in the Southern District of New York challenging the constitutionality of the program that collects phone metadata. The ACLU statement says: This dragnet prog... -
June 12 Session #3: Testimony on Monitoring, Part I
It’s witness time. Bryan Broyles, Principal Deputy Chief Defense Counsel for the Military Commissions, is sworn. We’ll hear from him, on matters relating to monitoring---in particular, AE153. -
White House Threatens Veto of NDAA
OMB has issued a Statement of Administration Policy (SAP) pointing out White House objections to various elements in pending NDAA legislation (H.R. -
June 12 Session #2: Rules for Inclusion and Exclusion
Our first argued motion is AE142, a defense bid to prevent Al-Nashiri from being from removed from the courtroom during a closed session. Rising in support of it is Maj Allison Danels, who notes the com... -
Article III Limits on Military Commissions, the (New) NIMJ Amicus Brief, and the En Banc D.C. Circuit
Wells already flagged yesterday's news re: General Martins' apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those br... -
June 12 Session #1: Housekeeping
At 9:05, the military judge takes the bench. The mic is affixed. “Is this on?” Yes, it is. All parties are present, including the accused---whose attendance moots the need for any voluntariness discus... -
Al-Nashiri Motions Hearing: June 12 Session
We are back at Fort Meade, ready to cover today's almost live motions hearing in United States v. Al-Nashiri. The festivities will begin at 0900. Read our coverage of yesterday's hearings here. -
Answering the Section 215 Relevance Question ... And Tracking Paul Revere
Last week (which seems almost an age ago) when the NSA telephone call meta-data portion of the NSA disclosures first broke, Ben wondered about how an application could be written that would satisfy Secti... -
William Galston on the NSA Controversies
My Brookings colleague William Galston---political theorist, former White House domestic policy adviser, and all-around wise mind---writes in with the following thoughts on the NSA and data-mining: Alexa... -
<em>Boumediene</em>'s Fifth Anniversary
Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution's Suspension Clause "has full effect" at Guantánamo Bay, and that the review sche... -
Safe Haven(s) for Snowden?
A slew of news reports have discussed whether Snowden’s choice of Hong Kong as a haven of sorts was a wise one. These reports tend to note the existence of a U.S.-Hong Kong extradition treaty and to des... -
June 11 Session #9: A PSR Challenge
Since we’re already talking about the subject, the defense dives right into AE141, its motion on the Prudential Search Requests (PSR) process employed by prosecutors. Al-Nashiri’s newest defense counsel...
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