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Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe...
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As Ben noted yesterday, today Lawfare begins a cooperative project with the New Republic. Today, I have a piece in the new Security States blog about cyber contingency planning for possible military act...
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Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...
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Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders:
[I]f the story is accurate and not authorize...
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A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...
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Raff already outlined the issues the en banc D.C. Circuit (minus Judge Srinivasan) will confront in tomorrow's oral argument in al Bahlul v. United States, and I have very little of substance to add to J...
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Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States.
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The NYT has the text of the draft UN Security Council Resolution on Syria. The most important paragraph is the penultimate one, which states that the Security Council “[d]ecides, in the event of non-com...
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Friday morning, a three-judge panel of the D.C. Circuit will hear oral arguments in a habeas appeal brought by Abdul Razak Ali, who also goes by the name of Saeed Bakhouch.
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In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the "counsel access" case, Raff has hit the nail on the head.
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The latest episode of Intelligence² Debates is over the resolution, "The U.S. Drones Program is Fatally Flawed." It's an interesting program, though I have to say that I think the Oxford Union debate thi...
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The government has filed its opening, appellant brief in Hatim v. Obama, the "counsel access case" before the D.C. Circuit.
Before describing the brief, a bit of background is in order: this past summer...