Latest in Executive Branch
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How It Looked Then: Edward Levi's 1975 Take on Security, Secrecy, and Accountability
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The Senate Armed Services Committee's GTMO Transfer Provisions in the 2014 NDAA
Last week, the Senate Armed Services Committee (SASC) approved its version of the National Defense Authorization Act for FY2014. -
Jeff Powell on Targeted Killing and Due Process
The following is a guest post from Jeff Powell, a Professor of Law at Duke University School of Law. He twice served in the Justice Department's Office of Legal Counsel, as Deputy Assistant Attorney Gen... -
Trust, but Codify: Metadata, Drones, and Legal Transparency
There is a subtle connection between the unfolding NSA metadata controversy and the controversy that has long plagued the administration's position on drone strikes, involving the impact of transparency ... -
Annals of Associated Forces: AQI Declines to Comply with Orders from Zawahiri?
Last week I noted that Ayman al Zawahiri, head of AQ, issued a statement directing that AQI and al Nusrah remain separate entities within the AQ system, and I pointed out various questions this raised fr... -
The Continuing Importance of Military Commissions
As Ben noted on the day of President Obama’s big counterterrorism speech last month, one of the speech’s most notable elements was President Obama’s strong reaffirmation of the utility of military commis... -
White House WPR Report to Congress
It is dated this Friday, and begins as follows: Dear Mr. Speaker: (Dear Mr. President:) I am providing this supplemental consolidated report, prepared by my Administration and consistent with the War Po... -
2014 NDAA Passes the House, With Many Amendments
Over the last 24 hours, the House debated and voted on nearly 200 amendments to the National Defense Authorization Act of 2014 (H.R. 1960). Many of these amendments were approved via "voice vote" (there ... -
Is Rand Paul right about Edward Snowden's "civil disobedience"?
Senator Rand Paul has said he is "reserving judgment" about Edward Snowden, but nevertheless characterized Snowden's conduct as "civil disobedience." Is that right? From Socrates through Thoreau, Gandh... -
White House Threatens Veto of NDAA
OMB has issued a Statement of Administration Policy (SAP) pointing out White House objections to various elements in pending NDAA legislation (H.R. -
Article III Limits on Military Commissions, the (New) NIMJ Amicus Brief, and the En Banc D.C. Circuit
Wells already flagged yesterday's news re: General Martins' apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those br... -
Official Word on Stephen Preston
The White House has now officially announced the President's intent to nominate Stephen Preston as General Counsel of the Pentagon. The statement says in relevant part: Stephen W. Preston, Nominee for G...
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