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On the AQAP-al Qaeda Relationship and Its Implications for the AUMF
This story from Ellen Nakashima and Anne Gearan, in the Washington Post, reports that the threat leading to the closure of so many embassies and consulates involves a direct order from Ayman al-Zawahiri ... -
James Risen Petitions For Rehearing En Banc, Media File Amicus Brief in the Fourth Circuit
Here's the New York Times reporter's petition for rehearing en banc in the case of United States v. Sterling. It was filed yesterday. Readers will recall that last month a three-judge panel of the Fou... -
"We Steal Secrets"
In light of yesterday's events in the Bradley Manning case, I really want to see this fascinating-looking documentary: -
A Quick Primer on Military Justice and The Manning Verdict
After hearing evidence in a contested bench trial, Army Colonel Denise Lind, a military trial judge, found Pfc. -
My Last Word on the New <em>Bahlul</em> Amicus
Thanks to his "sur-reply", I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conv... -
Bradley Manning Verdict
From The Guardian's live blog: Manning has been found not guilty of the most serious charge of "aiding the enemy". However the private has been found guilty on five counts of violating the espionage act.... -
The FBI Responds to Senator Paul, Senator Paul Lifts His Hold, and James B. Comey Gets Confirmed as FBI Director
So says the Washington Post. -
Three Questions for Peter Margulies on the New <em>Bahlul</em> Amicus Brief
There's a lot to say about Peter Margulies' reply to my and Kevin Heller's criticisms of the "former government officials'" amicus brief in al Bahlul--the military commission appeal currently pending bef... -
Mixed Feelings on the NSA . . .
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A Response to Steve Vladeck and Kevin Jon Heller
In recent posts both on Lawfare and at Opinio Juris, Steve and Kevin Jon Heller (here and here) sharply critiqued the brief that Jim Schoettler and I filed on Thursday for Former -
DOD’s Weak Rationale for Keeping Enemy Identities Secret
Cora Currier at Pro Publica has an important story on why DOD won’t publish the list of AUMF “associated forces” against whom we are at war. DOD’s rationale: A Pentagon spokesman told ProPublica that re... -
The Two Fundamental Flaws in the New <em>Bahlul</em> Amicus Brief
Raff already flagged yesterday's filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by "former government officials, former...
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