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The Haqqani Network and the Idea of an "Associated Force"
Don Fassler and Vahid Brown at West Point's Combating Terrorism Center have published an interesting report on the role that the Haqqani Network had played over time in relation to al Qaeda. It's useful... -
Kevin Jon Heller Defends the New York Times
Over at Opinio Juris, Kevin Jon Heller gamely steps up to the plate to defend yesterday's New York Times editorial: As part of his ongoing war against the New York Times, Ben Wittes has a post today enti... -
Seven Errors in Today's New York Times Editorial
I am not sure how I stumbled into the role of unpaid fact-checker for the New York Times editorial page on matters of law and security. But as long as the Times keeps publishing editorials like this one,... -
Courts Lack the Power to Order Closed Proceedings in Civil Cases: the UK Supreme Court’s Decision in Al-Rawi
On Wednesday, the UK Supreme Court handed down its decision in Al-Rawi v. -
Joscelyn Responds to Our Posts on Matt Olsen
( A joint response from Benjamin Wittes and Bobby Chesney) On Thursday we criticized a piece by Thomas Joscelyn at The Weekly Standard concerning Matt Olsen and the GTMO Review Task Force, in which Josc... -
Seventh Circuit Joins DC Circuit in Holding that Corporations May be Held Liable under Alien Tort Statute
No sooner had I posted my comment on Monday about the DC Circuit’s Alien Tort Statute decision in the ExxonMobil case than the Seventh Circuit issued its own decision on the question of corporate ATS lia... -
Today's Headlines and Commentary
Only a few round-up items today. On Thursday the U.S. government asked a judge to order the ACLU to return a secret document that was mistakenly given to the group. The Washington Post's Ellen Nakashim... -
Koh on the Constitutionality of WPR 60-Day Clock
In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q... -
Marty Lederman on Begolly and the First Amendment
Marty Lederman has a terrific post exploring in more detail the First Amendment issues raised by the Begolly indictment. It's a must-read if you are interested in the prospects for prosecuting those who... -
Military Commissions and Timely Transparency: Video, Transcripts, Motion Papers, Rulings
A while back Ben posted about the pressing need for “radical transparency” in the military commissions process. It’s time to say it again: The Pentagon must make it much easier for outsiders to follow t... -
Recognition of the Libyan Rebels, Conflict Status, and Detention Operations
The armed conflict in Libya began as a non-international armed conflict, but was internationalized when a host of states intervened against the Libyan government. Now, the United States has joined a gro... -
What Ben Franklin Really Said
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