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Politico has two pieces today of interest to Lawfare readers. The first is a lengthy Josh Gerstein & Charles Hoskinson analysis of this week's debate in the House on revising the AUMF. The second, an op-...
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Ever since my exchange with Daphne Eviatar and Bobby's post last night, I have been wondering if there's an easy tweak to Rep. Buck McKeon's AUMF reaffirmation language. Specifically, could Rep. McKeon m...
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I confess that I'm a bit bewildered by the aggressiveness of the Statement of Administration Policy on the NDAA--about which Bobby just posted. As Bobby notes, the administration seems to be threatening ...
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Very interesting. The six-page Statement of Administration Policyrelating to HR 1540, the proposed National Defense Authorization Act for FY 2012, is here. There are many objections, requests, and veto...
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Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v.
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The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v.
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Josh Gerstein of the Politico is reporting a fascinating development in the rules of the Detainee Review Boards at Bagram:
The Obama Administration has taken a step to have official representatives for U...
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Anyone who wants to understand in a nutshell the difference between the New York Times editorial board and the Washington Post editorial board on counter-terrorism issues--and, actually, on a broader arr...
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SCOTUS Blog notes that:
The Court [has] relisted for a fourth time . . . Khadr v. Obama, 10-751 . . . suggesting that statements respecting, or dissents from, the denial of cert. may be forthcoming.
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The Supreme Court denied cert this morning in Mohamed v. Jeppesen Dataplan, leaving in place the Ninth Circuit’s en banc opinion affirming dismissal of a civil suit (relating to rendition) on state secre...
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Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C.
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Many a state enacted its own set of terrorism-related criminal laws in the aftermath of 9/11. These laws have largely gone unused, as most cases that might otherwise fall within their scope have been de...