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At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v.
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It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky.
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The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surpr...
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I've been thinking about the exchange over the past couple of weeks---much of which took place on Lawfare---between the New York Times and the intelligence community over the naming of CIA undercover off...
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The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo....
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On Thursday, the Senate Armed Services Committee passed its markup of the annual defense authorization bill by a vote of 22-4. Shortly after the vote, committee chairman Senator John McCain told reporter...
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The New York Times identified three undercover senior CIA officials in an April 25 story by Mark Mazzetti and Matt Apuzzo about oversight of the CIA’s lethal drone operations.
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I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6. The speech was entitled Toward Greater Transparency of National Security Legal W...
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Twenty senior former CIA officials—including every CIA Director (including DCIs) dating back to William Webster (1987-91)—wrote a letter to the NYT to take issue with NYT Executive Editor Dean Baquet’s d...
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Shane Harris breaks the fabulous news over at the Daily Beast:
Matthew Waxman, a law professor and former senior national security official in the George W.
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The most interesting issue in the opinion concerns ratification of the FISC's interpretation of Section 215 by Congressional reauthorization of the Patriot Act. I think the decision boils down to a judg...
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Ben flagged today that the Germans have been caught out spying on friends and allies. What makes this a story is the way the Germans responded more than a year ago when Snowden’s leaks revealed that the ...
