Over at Mother Jones, Nick Baumann accuses me of arguing against straw terrorists. Quoting a Lawfare post from a little while back in which I posited that the alternative to reserving the option of lethal force against Anwar Al Aulaqi … Read more »
Larkin and I were planning to post a detailed account of what the Wikileaks cables say about Guantanamo resettlement efforts, but Charlie Savage and Andrew Lehren of the New York Times have beaten us to the punch with an excellent … Read more »
I’m surprised this statistic does not get more attention. The Pentagon’s annual report to Congress on “Progress Toward Security and Stability in Afghanistan” ( required by § 1230 of the National Defense Authorization Act for FY08), states:
The
Representative Peter King has urged the State Department to consider designating Wikileaks a “foreign terrorist organization,” which among other things would implicate 18 USC 2339B (the 1996 material support statute, criminalizing the provision of any form of support or resources to … Read more »
Another interesting hypothetical raised by the Wikileaks situation is whether Wikileaks counts as a “foreign power” for purposes of FISA. 50 USC 1801(a) defines “foreign power” as any of the following:… Read more »
The decision by Wikileaks to expose a massive collection of classified State Department cables, and the fact that Wikileaks seems today to be experiencing a DDOS attack, creates an occasion to think hypothetically about an array of legal issues that … Read more »
Responding to my suggestion that Lawfare readers debate the parameters of a new AUMF—a discussion thread for which I have started over at our Facebook page—John Bellinger III writes in with the following:
I’ve been a bit surprised by the
The latest issue of Inspire, the glossy English-language in-house magazine of Al Qaeda in the Arabian Peninsula is available here, courtesy of a web site entitled Public Intelligence. The first issue is here; the second is here… Read more »
It is hardly a surprise that John Bellinger III is being attacked (here and here, for example) for his modest suggestion in the Washington Post the other day that Congress should update the AUMF. (Attacking the moderate and … Read more »
Late Saturday night the State Department released a strongly worded letter from Legal Advisor Harold Koh to Wikileaks founder Julian Assange and his attorney concerning the apparently imminent publication of 250,000 secret State Department documents. The letter says that the … Read more »
Here at Lawfare, we don’t take comments. Being very old-fashioned, we started this blog to express our opinions to a group of readers, not to create a bulletin board for those readers. We have gotten any number of complaints about … Read more »
Back on November 17, the Medill National Security Journalism Initiative held an excellent forum on legal issues surrounding targeted killing. The panel consisted of me and Gary Solis, author of the recent book, The Law of Armed Conflict: International Humanitarian … Read more »
John Bellinger argues in today’s Washington Post for new framework legislation relating to counterterrorism – that is, for a new statute to supersede the AUMF. John concludes:
Nearly 10 years after the Sept. 11 attacks, the Obama administration, congressional Republicans
Marc Thiessen has taken a lot of heat for this argument in the course of defending TSA screening procedures:
Can any of us imagine the debate we’ve had in recent weeks unfolding in the days immediately following Sept. 11, 2001?
I’m going to take a break from blogging for the next twenty-four hours, but before I go dark, I want to wish Lawfare readers all over the world a wonderful holiday. In particular, in light of Brig. General Mark Martins’ … Read more »
