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Today's Headlines and Commentary
Lots of stuff today. Yesterday afternoon, Senator John McCain pushed back on Senate Majority Leader Harry Reid's effort to stymie the NDAA over disagreements about detention policy. McCain is touting th... -
Members of Congress Demand Response to Chinese Commercial Cyber Espionage
Members of both the House and Senate this week criticized China for what Representative Mike Rogers (R-Mich.) called "a massive and sustained intelligence effort by a government to blatantly steal commer... -
Walter Russell Mead on Why the Libya Intervention Harms The Duty To Protect Norm
Walter Russell Mead argues (via Instapundit) that as a result of the Libya intervention, the world may be “farther from enshrining the duty to protect in international law than we were six months ago.” ... -
The Kill or Capture List
The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti... -
Al-Zahrani Oral Argument Mini-Summary
I'm not going to do a full oral argument summary of this morning's case before the D.C. Circuit, Al Zahrani v. Rodriguez, since it was not a habeas merits case. And the issue it raises, whether the famil... -
Chang on Enemy Status, Detention, and the Law of Neutrality--and Responses from Ingber and Heller
The Texas International Law Journal has just announced the forthcoming publication of a very interesting set of papers on the law of military detention, exploring the relevance of the law of neutrality a... -
Government Argues Against the “Everyone Does It” Defense in Sterling Leak Prosecution
Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or... -
Obama Administration Asserts Head of State Immunity for Rwanda President Paul Kagame
This belated report just in by slow boat: In a brief filed on August 29, the Justice Department asserted immunity on behalf of President of Rwanda Paul Kagame in an Alien Tort Statute suit brought agains... -
More on al-Aulaqi and Transparency
In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac... -
Today's Headlines and Commentary
Certain segments of the Lawfare readership--and they know who they are--have been clamoring for a roundup solely dedicated to analysis of the legality of the targeted killing of Anwar Al-Aulaqi, so I wil... -
Stewart Baker on Lawyers and Cyber
Stewart Baker – former Assistant Secretary for Policy at DHS and former NSA General Counsel – has an essay in Foreign Policy arguing that government lawyers are interpreting laws governing offensive cybe... -
Radio Silence from the New York Times Editorial Page on Al-Aulaqi
By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...
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