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New Paper on Rationalizing Collection Authorities
Brookings has just released a paper I have been working on with two coauthors on rationalizing government collection authorities for data held in the hands of third parties. The paper, entitled "Rational... -
Tom Nachbar on "Law as a Means to Counterinsurgency: Practical Considerations"
[This is the second of two posts from Tom Nachbar of the University of Virginia on the topic of lawfare. In addition to his role as a law professor at UVA, Tom has the distinction of serving as an Army ... -
The Weakness in the Obama Signing Statement
President Obama’s signing statement to the Defense Authorization Bill – which objected to the GTMO transfer provisions on policy but not legal grounds – is unsurprising, for reasons I explained before it... -
The New York Times Lies Its Way to Incoherence
The New York Times editorial page has really outdone itself this time. I'm afraid I can no longer hedge my account of the way it is treating the subject of the legality of detention. The Times editorial... -
Malinowski on the (Lack of) Need for Authority to Detain Without Charge for Persons Captured Outside Combat Zones
Tom Malinowski has an interesting op-ed in the Post today on the topic of the proposed executive order addressing annual reconsideration of GTMO detention decisions. He notes that there may be interest ... -
Motion for Summary Affirmance in T. Al Bihani's GTMO Appeal
This is interesting. Today in one of the more recent Guantanamo merits appeals, that of Toffiq Nasser Awad Al Bihani, the government and petitioner jointly filed for summary affirmance of the district c... -
Whining Statement
Congressional Republicans are quaking now. The President today expressed his "strong objection" to two provisions of the defense authorization bill and has threatened to "work with the Congress to seek [... -
The President's Signing Statement
Here is the full text of President Obama's signing statement for the defense authorization bill. -
What Will President Obama Do with the Defense Authorization Bill?
President Obama’s options with respect to the GTMO transfer restrictions in the 2011 Defense Authorization bill appear to be as follows: (1) veto the bill; (2) sign the bill but decide to transfer detain... -
Mohammed Transferred to Algeria
Today the Department of Defense announced that Farhi Saeed bin Mohammed, a Guantanamo detainee, was transferred back to his native Algeria. According to the DoD press release, the United States "coordina... -
Former CIA Officer Indicted for Disclosing National Defense Info to Reporter
No, this has nothing to do with wikileaks as such. But you may recall a case from a few years ago involving a CIA officer who attempted to sue the agency for discrimination, only to have the case thrown... -
ACLU to the President: Issue an Instructive Signing Statement or Veto the Bill
The ACLU has sent a letter to President Obama that takes an interesting position on the detainee transfer provisions in the Defense Authorization Act for FY11. First, it points out that the constraints ...
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