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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...
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Georgetown professor Anthony Clark Arend - old friend to many of us at Lawfare - has a new short post on whether judicial oversight of drones would be a good idea - or constitutional.
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Speaking of the John Brennan confirmation hearing, here's the video, courtesy of CSPAN:
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John Bellinger and Christoper Anders of the ACLU this morning had a discussion of John Brennan's testimony, drone strikes, and the administration's legal positions on CSPAN's Washington Journal this morn...
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NPR's Weekend Edition ran the following extended interview with me this morning on the subject of drone strikes, the White Paper, and the administration's legal views more generally. It isn't anything ne...
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Here's a counter-intuitive view of the White Paper--from the always-interesting Andrew Kent:
Although many critics with a strong civil liberties and human rights bent deplore the DOJ White Paper for vari...
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John Yoo has a piece in the WSJ which argues that the real problem with the White Paper is that it extends due process protections to enemy combatants on the battlefield, thereby threatening to diminish ...
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There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t...
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I asked the other day what was becoming of the persons who presumably were being captured by French, Malian, or other forces fighting the Islamist extremists in Mali. Turns out there are a couple of ans...
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Amid the flurry of writing about the White Paper’s approach to “imminence” – an important conversation, to be sure – little attention has been paid to a paragraph in the White Paper that seems to establi...
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While the brouhaha over the White Paper rages, Sarah Goodyear writes in The Atlantic Cities about a novel concept from one Asher J. Kohn which might, in the near future, moot the whole discussion:
"Archi...
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The central substantive issue, legally and morally, in the administration's Targeted Killing White Paper is how the concept of an "imminent threat" should be understood. This is where much of the debate ...