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More on CIA Drone Strikes, Covert Action, TMA, and the Fifth Function
Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes. -
DOJ Declassifies Memos On Domestic Surveillance Program
The Department of Justice recently released two Office of Legal Counsel opinions by Lawfare's own Jack Goldsmith from 2004. The first memo provides a lengthy and at times heavily-redacted justification f... -
CIA Drone Strikes and the Public Authority Justification
In a pair of posts (here and here), Kevin Heller at Opinio Juris explores a very interesting question: What exactly is the domestic legal foundation for the CIA’s use of lethal force given that the 2001 ... -
DOJ AND ODNI Support Leahy NSA Reform Bill
It looks like it's time for Lawfare to update an old post of ours, "Who is Saying What about the Leahy Surveillance Bill." On September 2, Attorney General Eric Holder and Director of National Intellig... -
Thoughts on the CA2 Argument on Section 215 in <em>ACLU v. Clapper</em>
I just finished watching the video of the Second Circuit's argument in ACLU v. Clapper, the challenge to Section 215. Here are a few impressions. While I don't have a strong sense of how the court will... -
NSA's Anne Neuberger Speaks at Long Now Foundation
The National Security Agency's Anne Neuberger, the director of the NSA’s Commercial Solutions Center, gave this seminar recently at the Long Now Foundation. Full video is available at the web site. Here'... -
Video of CA2 Argument In Section 215 Case Posted
You can watch the video of the argument in ACLU v. Clapper here. The argument goes almost two hours. C-SPAN did a nice job with the video, so it's a pleasure to watch. I hope to have some thoughts on the... -
CA2 Affirms SDNY Denial of FOIA Suit for Al-Qahtani Photos
That seems to be the sum and substance of the Second Circuit's ruling today. -
The Second Circuit Hears Oral Argument This Week in Challenge to Section 215 Surveillance
On Tuesday, the Second Circuit will hear oral argument in ACLU v. Clapper, one of the cases challenging the Section 215 bulk telephony metadata program. The Second Circuit is reviewing Judge Pauley's dec... -
The Latest FISC Opinion: A Summary
On February 19, 2013, the Foreign Intelligence Surveillance Court granted an order for the production of certain tangible things, applied for by the FBI pursuant to 50 U.S.C. -
Newly Declassified FISC Surveillance Order
The Foreign Intelligence Surveillance Court has released a heavily redacted opinion issued on February 19, 2013. The opinion applies Section 1861 of Title 50. We will have a summary. -
DOJ Releases 2 New Documents Regarding NSA's Email Metadata Collection
There are two new NSA email metadata collection program documents on the DNI's Tumblr site, IContheRecord. From the site: Following a declassification review by the Executive Branch, the Department of ...
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