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Jack and Ben earlier noted the government's long-awaited brief in support of its motion for summary judgment in New York Times Co. v. Department of Justice and ACLU v.
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Like Jack, I am a little surprised by the government's brief--filed late last night--in the ACLU/New York Times FOIA case on targeted killings.
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Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU for records on targeted killings, especially with regard to U.S. citizens. This is t...
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Today's report includes the boilerplate-for-such-documents "consistent with the War Powers Resolution" phrase. It also includes the excerpt below regarding counterterrorism efforts in Yemen and Somalia:...
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Have you heard of the "Switchblade" UAV? In brief, it is a man-portable UAV that a soldier in the field can launch in mortar-like fashion, obtaining beyond-line-of-sight surveillance (with video and GPS...
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In a surprising development, the Obama Administration today filed an amicus brief in the Kiobel case in partial support of Shell Oil, arguing that the Alien Tort Statute should not be applied to allow a ...
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A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!).
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At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet...
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Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc...
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Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu...
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Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning...
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A correspondent who prefers to remain anonymous point out the following irony. In my recent post on Dan Klaidman's book, I quoted the following passage:
The discussion continued for close to two hours, w...