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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.
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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...
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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.
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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...
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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...
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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...
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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...
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In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.
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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...
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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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The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing. Carrie Budoff Brown* at Politico reports that form...
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Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki.
With respect to US law, I have noted previously that if Congress becomes co...