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The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t...
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One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...
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The United States has filed its appellate brief in the case of Al-Janko v.
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Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o...
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Over at Washingtonian's new Dead Drop blog, Shane Harris has this fascinating piece, mining a just-released book for new information about the NSA's warrantless wiretapping activities.
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In other habeas news, detainee Obaydullah has noted his appeal to the D.C.
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Remember the Guantanamo detention case of Hentif v.
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While some other stuff was going on yesterday, my friend Lindsay Harrison at Jenner & Block and I filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers and in support of...
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Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St...
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I have posted previously about a criminal investigation in Poland targeting the former head of Poland's intelligence service, based on his alleged cooperation in establishing a CIA black site on Polish t...
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Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists' Secrecy News) that may be of interest to Lawfare readers.
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I'm not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through t...