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John Yoo on the Al-Aulaqi Memo
Reading the blogs today, you might think Marty Lederman and David Barron had gotten deeply in touch with their inner John Yoo when they wrote the Al-Aulaqi memo. Spencer Ackerman, to cite a typical examp... -
Philip Bobbitt on Leaks and Legal Rationales
Columbia law professor Philip Bobbitt, author of Terror and Consent: The Wars for the Twenty-First Century, writes in with the following comments in response to my comments on the Charlie Savage story: ... -
A New Lawfare Competition: Write the New York Times Editorial on Al-Aulaqi
A second Sunday paper has come and gone since the Anwar Al-Aulaqi strike, and still no New York Times editorial about it. I guess the killing of two U.S. -
Kenneth Anderson on Charlie Savage's Story and Secrecy
I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t... -
Most Detail Yet on Al-Aulaqi OLC Memo
A lot of new details in this Charlie Savage story on the OLC memo from last year on the legality of targeting Anwar Al-Aulaqi. -
Daniel Bethlehem on Out-of-Theater Targeting
Daniel Bethlehem, who recently stepped down as principal legal adviser of the UK Foreign & Commonwealth Office, has an interesting essay in the Harvard National Security Journal, on out-of-theater target... -
The Kill or Capture List
The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti... -
More on al-Aulaqi and Transparency
In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac... -
Radio Silence from the New York Times Editorial Page on Al-Aulaqi
By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co... -
More on Releasing the Legal Rationale for the Al-Aulaqi Strike
In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program. -
Targeting Citizens and the Fifth Amendment: The Operational/Non-Operational Distinction, and the Question of Known Citizens as Collateral Damage
Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b... -
Raha Wala On the Al-Aulaqi Killing
Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing: I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...
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