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This article in the Wall Street Journal, by Julian Barnes and Siobhan Gorman, draws attention to US government plans to ramp up counterterrorism efforts in Libya, including in particular efforts targetin...
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My law partner (and former CIA General Counsel) Jeff Smith and I have an op-ed in today's Washington Post (entitled "Is It Legal to Hit Iran?" in the print edition) discussing the U.S. and international...
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Per Ben's and Bobby's responses to my post from earlier this week, I think one point needs to be made crystal clear: If Ben and Bobby are correct, then the phrase "substantial support" in the March 13 br...
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I'd like to expand on Ben's post below in relation to Hedges and the First Amendment, focusing on the "material support"/"substantial support" issue. (I'm having to write quickly, so please excuse any t...
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The other day, in response to Raha Wala’s comments on Hedges, I promised to address the First Amendment question at the heart of Judge Forrest’s ruling---a promise that seems to have excited David Remes....
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Based on the voluminous media and blog coverage of last week's decision in Hedges v. Obama, in which Judge Forrest permanently enjoined at least part of the detention provision of the FY2012 NDAA [sectio...
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David Remes---who, in addition to representing several Guantanamo detainees, is a member of the plaintiffs' legal team in Hedges v. Obama---sent in this note yesterday:
The debate on this blog about Jud...
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Lawfare reader Col. Fritz Barth USMCR (ret.) writes in with this comment on the SCI nondisclosure obligations of Matthew Bissonnette, author of No Easy Day:
There is one additional element of Bissonette'...
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Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest:
Ben’s post on Judge Forrest’s o...
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I don't have a lot to add to Ben's analysis of Judge Forrest's decision yesterday in Hedges v.
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I have now read through Judge Forrest's opinion in Hedges---all 112 pages of it. I have done so only briskly, and I have surely missed things in my haste. But here are some initial thoughts.
The opinion...
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I haven't read it yet, but here it is.