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It was such a beautiful day here yesterday in Washington that Headlines and Commentary took the day off.
Lots of debate on the cybersecurity legislation, but luckily The Hill is all over this one: on Fr...
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A judge of the U.S. District Court for the District of Washington in Seattle has dismissed a Bivens action by a former Guantanamo detainee against former Defense Secretary Bob Gates. Adel Hassan Hamad is...
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My old colleague Daniel Klaidman from days of yore at Legal Times writes in with a guest post on CIA General Counsel Stephen Preston's speech at Harvard Law School.
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We are delighted to announce three important new voices joining Lawfare's cadre of senior contributors.
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Today the Supreme Court issued cert. determinations in two of the several Guantanamo-related petitions that have been filed this term. The Court denied both petitions, declining to hear either Abdah v.
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Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi...
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Sometimes my friends ask me "how bad is it really?" How bad is the cyber threat? It's hard to answer that question -- and its even harder when the experts can't reach a consensus. It would be almost i...
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An important predicate for the legal and political justification for the U.S.
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A couple of weeks ago, I poked fun at the Virginia General Assembly's protest legislation aimed at the NDAA and wondered if Gov. Bob McDonnell would veto it. As things turned out, he didn't; he proposed ...
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The Rogers-Ruppersberger bill will come to the floor the week of April 23. It's information sharing provisions are likely to be the crux of the debate on the House side. Today, the Manager's filed a dr...
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OK. I made up the quote, but it is a fair assessment of Professor Eugene Spafford's message to Congress. On Wednesday April 11, Spaf (as he is widely known) gave the invited Frank Howard Distinguished ...
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Last year, Bobby, Larkin, and I released a paper entitled "The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking." The paper promised to be a kind of living document:
Rather than si...