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Decoding the 2017 NDAA’s Provisions on DoD Cyber Operations
Thanks to the at-times br -
Expanding Congressional Oversight of Kill/Capture Ops Conducted by the Military: Section 1036 of the NDAA
The National Defense Authorization Act for Fiscal Year 2017 ("NDAA") is likely to complete its journey into law this week, and so the time has come to spotlight some of the nuggets in it that might matte... -
Clearing the Way to Clear the Way for Secretary Mattis
As noted here, a law forbidding retired military officer from serving as Secretary of Defense until seven years after retirement currently stands in the way of the Mattis nomination, and will require fre... -
Key Provisions in the Intelligence Authorization Act (FY'17)
On November 30th, the House passed H.R. 6393, the Intelligence Authorization Act for FY'17. While it remains to be seen what if anything ultimately emerges at the end of the process, I'd like to highlig... -
Annals of the Trump Administration #4: The Statute Needed for Gen. Mattis to be SecDef
Over at War on the Rocks, I have a post explaining that a new statute will be needed in order for General Mattis to serve as Secretary of Defense. It's been done once before, with George Marshall during... -
Why Cybersecurity Is So Hard—Absurd Division
Cybersecurity is, of course, very hard for any number of practical reasons, ranging from the complexity of the attack surface to the sophistication of persistent threats. And then, of course, there is th... -
The Search for Authorization: Three Eras of the President’s National Security Power
The constitutional text governing national security law is full of gaps and oversights. This is particularly true with regard to the President. Notwithstanding occasional claims of extra-constitutional, ... -
The Power To Wage War Successfully
A little more than 99 years ago, and several months after the United States declared its entry into the Great War against the Central Powers of Europe, Charles Evans Hughes declared in a widely publicize... -
VP Debate Should Ask Where Candidates Stand on an ISIS AUMF
Tonight, Longwood University will host the first and only debate between Vice Presidential candidates Tim Kaine and Mike Pence. -
Hamas and the Tamil Tigers v. EU—Round 1.5
In late 2014, the General Court of the European Union (GC) annulled, on due process grounds, several measures that kept Hamas and the LTTE (Tamil Tigers) on the EU terrorism sanctions list. -
Captain Smith’s Challenge to the President’s War Against ISIS: The Next Step
Captain Smith’s brief opposing the Government’s Motion to Dismiss. -
Trump's Call for More Aggressive Material Support Prosecutions
As Ben notes (and analyzes thoughtfully) here, Trump gave a speech today that included various proposals relating to terrorism. Here's the part that touched on DOJ and terrorism prosecutions:
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