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The Government's Supplemental Brief in Al-Bahlul
...is available here. In a nutshell: Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicita... -
More from Senate Amici on Oral Argument in Hedges
From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The H... -
"The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia," by Gregory D. Johnsen
Published by WW Norton (2012) Reviewed by Daniel Byman -
About Those MST and Conspiracy Convictions ... in al-Qosi
Apropos of Charlie Savage’s story (and Bobby’s follow-up) on the government's litigation tactics in Hamdan and al-Bahlul: assuming the material support and conspiracy charges in those cases indeed are to... -
On the Availability of Material Support and Conspiracy Charges in Civilian Court for pre-2006 Conduct
In response to Charlie Savage's piece today concerning an interagency debate over whether to continue to argue for the viability of conspiracy and material support charges in the military commission syst... -
Micah Zenko's CFR Report on Drones Policy
Micah Zenko of the Council on Foreign Relations has just published this important report on U.S. drones policy. I disagree with Zenko on some aspects of it, but for now I want to summarize several of his... -
Today's Headlines and Commentary
Leading the news for Lawfarers: Charlie Savage's piece in the New York Times, about an ongoing debate in the Obama administration over whether it should drop the military commission cases against Salim H... -
Should the Government Abandon Conspiracy as a Stand-Alone Charge in the Military Commission System?
According to Charlie Savage in today's New York Times, this is a question in hot interagency dispute this week. The basic concern of course is that (i) the D.C. -
Ashley Deeks Joins Lawfare---Formally
I am delighted to announce that Ashley Deeks is joining Lawfare as our newest senior contributor. Astute readers will notice that this change is perhaps a bit less of a change than it may look, as Ashley... -
Upcoming Hearings in Al-Nashiri and the 9/11 Case
By way of reminder, this month we'll cover military commission sessions in both of the capital cases pending at Guantanamo. The commission will hear argument in United States v. -
Would a Director Brennan and a Secretary Hagel Partner to Shift CIA Lethal Operations to DOD?
Back in October, I wrote about the claim in this Washington Post story that John Brennan supports shifting the CIA's operations involving the use of lethal force over to the military. Now that he is abo... -
Today's Headlines and Commentary
To the surprise of few who've been reading the news the last month, President Obama is expected to nominate Republican former Senator, Chuck Hagel, as the Secretary of Defense, and counterterrorism advis...
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