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Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...
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Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows:
Thank you, Mr. President and Members...
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As Paul noted, a new Pentagon Report to Congress states:
In 2012, numerous computer systems around the world, including those owned by the U.S. government, continued to be targeted for intrusions, some o...
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While we are on the subject of Mark Mazzetti’s The Way of the Knife, and for that matter while we are speaking of Mali, check out this Washington Post report on U.S.
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with this piece on the Boston attacks and possible improvements to our approach to c...
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Now available in redacted form: the government's opposition brief and the defendant's reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanz...
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Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows:
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Peter Margulies recently discussed the effect of the Supreme Court's recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA's warrantless wiretapping p...
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Jess Bravin of the Wall Street Journal, the author of the recent book, The Terror Courts: Rough Justice at Guantanamo Bay, has posted the following statement on the Facebook page associated with his new ...
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Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman---and the case of his former client, A...
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Jens David Ohlin (Cornell) has an interesting post up at LieberCode in which he discusses a range of LOAC issues raised by CIA involvement in drone strikes. Jens raises the question whether CIA personne...
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It took only a few minutes from the time I posted my defense of CIA lawyer Jonathan Fredman last night for Marcy Wheeler (aka emptywheel) to begin tweeting bile against both Fredman and me. She used word...