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A Lawfare License Plate?
A friend in the intelligence community, using sophisticated data-mining techniques of a sort that threaten our civil liberties (namely, checking the D.C. government's web site), has learned that nobody h... -
D.C. Circuit Argument in al-Zahrani
The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which--believe it or not--is not a Guantanamo habeas case. -
New Developments on the NDAA's Detention Provisions
Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may... -
al-Nashiri Arraignment Order
The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it: 1. As the Chief Judge of the Military Commissions Trial Judicia... -
Lord Carlile Speaks on British Counterterrorism Law
Hugo Rosemont, a Security Policy Adviser to the UK security industry and a doctoral student, writes in with the following account of a speech in London by Lord Carlile, who served until recently as the B... -
More on Releasing the Legal Rationale for the Al-Aulaqi Strike
In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program. -
Today's Headlines and Commentary
At least one member of Congress believes that killing Al-Aulaqi is an impeachable offense: Congressman Ron Paul. Dan Hirschhorn of the Politico reports on his remarks in a New Hampshire town hall meeting. -
Targeting Citizens and the Fifth Amendment: The Operational/Non-Operational Distinction, and the Question of Known Citizens as Collateral Damage
Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b... -
Raha Wala On the Al-Aulaqi Killing
Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing: I don’t know if killing Aulaqi was legal because I don’t know what factual basis the... -
Today's Headlines and Commentary
NPR's Investigations Unit reports that five inmates who were convicted in terrorism cases in the U.S. -
Release the al-Aulaqi OLC opinion, Or Its Reasoning
The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing. Carrie Budoff Brown* at Politico reports that form... -
Will Drone Strikes Become Obama's Guantanamo?
Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki. With respect to US law, I have noted previously that if Congress becomes co...
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