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What the Government’s Al-Aulaqi Brief Reveals [Updated]
The USG’s brief in Al-Aulaqi, the targeted killing case, reveals a great deal about the Obama administration’s thinking about its legal authorities. 1. Perhaps most noteworthy is the brief's re... -
More from the Government's Al Aulaqi Filing
Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some othe... -
USG's Brief in Al-Aulaqi
Here is the U.S. Government’s brief in support of its motion to dismiss the ACLU targeting killing case, Al-Aulaqi v. Obama. The government's general comment on the case is as follows: The injunction pl... -
Two Recent GTMO Detention Wins for the Government
The underlying opinions are not yet available, but readers may be interested in knowing that merits decisions in two more GTMO habeas cases were reported over the past week, including one today. The gov... -
The GOP Pledge on Detention Policy
It is, I suppose, one of the perks of being in the opposition that one need not have anything useful, interesting, or responsible to say on key matters of policy. For years, it was the Democrats who had ... -
Malware as Incipient Armed Attack, Malware as Preparation of the (Cyber) Battlefield
Stewart Baker draws attention to a very interesting story involving a piece of malware known as Stuxnet. Stuxnet aims to penetrate SCADA systems (i.e., software enabling utilities to remotely monitor an... -
Paul Rosenzweig on Obama's Comment to Woodward
Paul Rosenzweig, who served as deputy assistant secretary for policy in the Department of Homeland Security during the last administration, writes in with following perceptive thoughts, fleshing out my s... -
What Obama Really Said to Woodward
The Washington Post has now published the context surrounding Obama's much derided comment to Bob Woodward about absorbing a terrorist attack. According to the Post's Greg Sargent, Woodward writes on pag... -
"We Can Absorb a Terrorist Attack"
If President Obama does not already regret saying these words to Bob Woodward for a book slated for release just before the mid-term elections, he surely will. The Washington Post reports that: Woodward'... -
Lindsey Graham Speaks at AEI
One person we have not heard from in our extensive discussion on this blog of Sen. Lindsey Graham's habeas legislation, S. 3707, is Sen. Lindsey Graham. Graham has been uncharacteristically reticent on t... -
Detention in NIAC: Material Support, DPH, and Other Suggested Standards
Kevin Heller objects to an argument that he incorrectly attributes to Ben and me in the wake of our recent dialogue with Steve Vladeck. Kevin writes: Unfortunately, if all you read was Wittes and Chesne... -
An Important New Article By Aziz Huq
More than two years ago, in my book Law and the Long War: The Future of Justice in the Age of Terror, I wrote the following paragraph about the value of habeas review to innocent detainees: Indeed, [my] ...
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