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Monthly Archives: April 2011

Waters on the Neutral Conception of “Lawfare” (and This Blog’s Contribution to that Conception)

By Robert Chesney
Saturday, April 30, 2011 at 4:14 PM

Near the time we launched this blog last September (has it really only been half a year?), there was an impressive symposium on the topic of “lawfare” at Case.  The articles for that symposium have now been published by the … Read more »

Wikileaks and the Rule of Law at GTMO: A Roundtable Discussion at Foreign Policy

By Robert Chesney
Saturday, April 30, 2011 at 3:51 PM

Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Policy’s website.  My brief contribution sounds a … Read more »

It Is, I Suppose Inevitable…

By Benjamin Wittes
Friday, April 29, 2011 at 1:19 PM

…but it is kind of sad, anyway, that some people are taking the opportunity of the Left’s sliming of Paul Clement to begin attacking once again those Justice Department attorneys who in private practice represented Guantanamo clients. But it does … Read more »

Barton Gellman on Bob Mueller

By Benjamin Wittes
Thursday, April 28, 2011 at 11:39 AM

Barton Gellman just published this lengthy profile of FBI Director Bob Mueller in Time. I haven’t read it yet but will post thoughts when I do.… Read more »

Mixed Feelings About This

By Benjamin Wittes
Thursday, April 28, 2011 at 8:59 AM

I have mixed feelings about this New York Times oped by the ACLU’s Jameel Jaffer and Larry Siems of the Freedom to Write program at the PEN American Center, who are urging that government officials during the Bush administration “who … Read more »

It Does Seem Odd…

By Benjamin Wittes
Wednesday, April 27, 2011 at 9:05 PM

…that every non-government employee in the world can discuss what the Wikileaked documents say about Guantanamo detainees except their own habeas counsel—who remain gagged as a consequence of their obligation to “protect” classified information that is all over the Internet. … Read more »

Introducing Lawfare’s New Book Review Editor

By Benjamin Wittes
Wednesday, April 27, 2011 at 4:09 PM

I am delighted to announce that Kenneth Anderson has agreed to become Lawfare’s new book review editor. As I noted a few weeks back, the volume of recent and forthcoming books of potential interest to readers of this blog … Read more »

Lowering the Domestic Political Cost of Humanitarian Intervention

By Curtis Bradley
Wednesday, April 27, 2011 at 12:10 PM

I have recently blogged about two issues:  whether congressional authorization is required as a constitutional matter for U.S. involvement in military operations such as the one in Libya, see here and here, and whether modern technology (such as unmanned … Read more »

The Washington Post on Clement and Gitmo Lawyers

By Benjamin Wittes
Tuesday, April 26, 2011 at 11:17 PM

There is still no institution in American politics by which I feel more represented than I do by my former colleagues at the Washington Post editorial page. This editorial makes, in my view, all of the important points:

The Human

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Eric Holder on Paul Clement

By Benjamin Wittes
Tuesday, April 26, 2011 at 4:12 PM

NPR’s Carrie Johnson is reporting that Attorney General Eric Holder has spoken out strongly on behalf of Paul Clement:

To the list of prominent lawyers defending former Solicitor General Paul Clement’s decision to leave his law firm and keep defending

Read more »

More on Paul Clement and the Guantanamo Lawyers

By Benjamin Wittes
Tuesday, April 26, 2011 at 8:05 AM

One of the few bright spots when the flap over the Justice Department lawyers who previously had Guantanamo clients broke last year was the rapidity with which prominent conservatives denounced the attacks once given the chance by the statement I Read more »

Paul Clement and the Guantanamo Lawyers

By Benjamin Wittes
Monday, April 25, 2011 at 8:27 PM

For what it’s worth, I hate the Defense of Marriage Act and always have. I want it repealed and will shed no tears if it gets struck down in the courts. On its face, moreover, what happened today between former … Read more »

David Remes on WikiGitmoleaks

By Benjamin Wittes
Monday, April 25, 2011 at 12:06 PM

Habeas lawyer David Remes just sent in the following:

Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because few if any of them will be transferred in the

Read more »

Releasing “High Risk” Detainees

By Benjamin Wittes
Monday, April 25, 2011 at 11:09 AM

National Public Radio has added its voice to that of the New York Times on the new Wikileaked Guantanamo files. NPR actually has a few stories, along with this database—done in conjunction with the Times. One meme that is … Read more »

Unthinking Death

By Curtis Bradley
Monday, April 25, 2011 at 10:21 AM

The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya.  The focus on the detainees is agonizingly particularized and personal.  By contrast, we know nothing about … Read more »