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Bits and Bytes
While the rest of the world is watching the Supreme Court's final decision day of the year, it's been a busy time in the cyber world as well. Herewith seven (!) bits and bytes of interest, in no particu... -
The US Intervention in Iraq Involves More than the 300: Armed Drones Above, Armed Contractors Below?
I'm surprised this hasn't generated more attention: First, an article in the New York Times yesterday mentioned, right at the very end, the possibility that in addition to the 300 special operators heade... -
Al-Bahlul to D.C. Circuit: OLC Memo Further Undermines USG Position on Appeal
That's the gist of this Rule 28(j) letter, regarding pertinent post-argument authority. It was filed today with the D.C. Circuit by lawyers for Ali Hamza Ahmad Suliman al Bahlul, whose case could be dec... -
Readings: Civilian Intelligence Agencies and the Use of Armed Drones by Ian Henderson
Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what's left reads, in part: Nor would the fact that CIA personnel would be involved in the operat... -
White House Letter to Congress on Iraq Deployment
President Obama yesterday sent the letter to the Speaker of the House, and to the President Pro Tempore of the Senate. Its text reads as follows: Dear Mr. Speaker: (Dear Mr. President:) As I reported o... -
Report of the Stimson Center Task Force on Drone Policy
The Stimson Center released today the report of its Task Force on US Drone Policy. The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks. The report m... -
Why Imminence? The Assassinations Ban and that OLC Al-Aulaqi Memo
The other day, I tried to read the tea leaves and figure out where the notion of "imminent threat" comes from in the administration's legal views of targeted killing. I speculated that the source of the ... -
Global (Statutory) Habeas After <em>Aamer</em>
As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequ... -
A Clue About the Origins of "Imminence" in the OLC Memo?
There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se... -
Whence Imminence in that Drone Memo? A Puzzle and a Theory
On May 27, a unanimous Supreme Court---to little notice from just about anyone---handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a ... -
The Al-Aulaqi OLC Memo: A Quick and Dirty Summary
I have this feeling that a lot of people are going to mischaracterize the just-released OLC memo on the Anwar Al-Aulaqi strike. Just a guess. So before expressing any opinions on the subject or arguing w... -
Second Circuit Releases Redacted OLC Drone Memo
The Second Circuit has just released a redacted version of the OLC Drone Memo--here is the memo; here is the panel's full, revised April 21, 2014 decision with the memo appended at page 67. You'll recal...
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