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Josh Rogin has an intriguing post up over at the Cable, detailing an interview with HPSCI Chairman Mike Rogers (R-MI) concerning the ongoing debate regarding whether to arm the Libyan rebels. There is m...
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The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ...
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Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.
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The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v.
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A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating.
There is a tendency in this debate to conflate rules of evid...
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Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...
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This is the final installment in my series of posts on the post-Executive Order spree of legislation emerging from Capitol Hill. It concerns the interrogation bill introduced by Sen.
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* Amnesty International, et al. v. Clapper, et al. (2d Cir. Mar.
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This afternoon, in connection with FOIA litigation by the ACLU, the Department of Justice released this May 2004 memorandum that I wrote as head of the Office of Legal Counsel about a certain surveillanc...
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My friend Steve Walt weighs in against media patriotism. But he gives the game away, I think, when he says: “There are undoubtedly some narrow circumstances when a patriotic journalist should decline to...
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Glenn Greenwald has an interesting response to my post on the patriotism of American media, but he exaggerates the significance of the media’s patriotic bent, and he misses some important points.
To beg...
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In its story last week about the ties between the CIA and Raymond Davis, the American recently arrested in Pakistan, the New York Times offered this explanation for why it sat on the story:
The New York ...