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Monthly Archives: July 2011

Pistols at Dawn in Aspen

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Sunday, July 31, 2011 at 8:04 AM

Check out the composition of this panel–which must of stressed all of Dahlia Lithwick’s copious social skills to keep civil. I haven’t watched it yet, but I thought I would flag it for interested readers. The Aspen Security Forum describes it as follows: The Rule of Law and the War on Terrorism (McNulty Room, Doerr-Hosier Center) This . . .
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The Indictment in the Fort Hood Bomb Plot Case (United States v. Abdo)

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Friday, July 29, 2011 at 10:56 PM

The indictment in United States v. Abdo, alleging a plot to bomb a restaurant in the Killeen area frequented by soldiers from Fort Hood, is available here.

Drake Sentencing Transcript

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Friday, July 29, 2011 at 1:01 PM

Over at Secrecy News, Steve Aftergood writes: The government’s treatment of former National Security Agency official Thomas Drake was abusive and akin to acts of British tyranny in pre-Revolutionary War days, said Judge Richard D. Bennett at the July 15 sentencing hearing which concluded the Drake case, one of the Obama Administration’s record number of . . .
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British Government Detainee Inquiry

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Friday, July 29, 2011 at 12:38 PM

The UK Human Rights Blog has this analysis of the British government’s detainee inquiry, which is just getting off the ground. It includes useful links to the investigation’s terms of reference and protocol documents, as well as a description of the criticism the inquiry is receiving from human rights groups: The Terms of Reference and the . . .
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Today’s Headlines and Commentary

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Friday, July 29, 2011 at 10:40 AM

Congressional reporters may have been left with nothing to write about last night, but we sure have plenty to read about today in the world of national security, the war on terror, and cybersecurity. The Senate Select Committee on Intelligence met Thursday evening in “secret” to consider renewing the FISA Amendments Act of 2008, which . . .
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Al Qaeda Upset by State of U.S. Infrastructure

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Thursday, July 28, 2011 at 9:23 PM

The Onion has the story: WASHINGTON—In a 30-minute video released Thursday, al- Qaeda leader Ayman al-Zawahiri criticized the mass transportation infrastructure of the United States, claiming significant repairs and upgrades would need to be implemented before the militant group would consider destroying any roads, bridges, or railways with terrorist attacks. Reading from a prepared statement, . . .
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Guess Who Else Didn’t Mean What He Seemed to Say?

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Thursday, July 28, 2011 at 4:17 PM

Two weeks ago, I posted a short piece–which grew out of a paper I am writing on the relationship between liberty and security–concerning what Ben Franklin really meant when he said that “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” My basic point was that . . .
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Today’s Headlines and Commentary

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Thursday, July 28, 2011 at 10:23 AM

Unsurprisingly  in a world dominated by debt ceilings, Rupert Murdock, and Amy Winehouse, there is little to report today. Ayman al-Zawahri released his first video as Al Qaeda chief and successor to Osama bin Laden. In it, he encouraged Syrian protesters and attempted to portray their efforts as an Islamic battle against the U.S. and Israel–a . . .
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New CNAS Report on Aum Shinrikyo

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Tuesday, July 26, 2011 at 9:59 PM

An interesting column by David Ignatius pointed me to this fascinating-looking report by Richard Danzig, Marc Sageman, and others. Published by the Center for a New American Security, the report is entitled “Aum Shinrikyo: Insights Into How Terrorists Develop Biological and Chemical Weapons,” and is due to be released on Thursday. In Ignatius’s account, it is, . . .
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Material Support to … Transnational Criminal Organizations?

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Tuesday, July 26, 2011 at 5:28 PM

I’ve written a lot over the years about the way law responds to changing practical phenomena such as the emergence of non-state actors as a strategic threat, ala al Qaeda, as have many others.  This vein of scholarship often emphasizes themes of globalization and the decline of the Westphalian model in which sovereign states are . . .
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The Narcotics/Weapons/Transnational Organized Crime Nexus

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Tuesday, July 26, 2011 at 4:55 PM

There are few topics more slippery–and more emblematic of the current age–than the intersection of transnational organized crime, narcotics, illicit arms, and violent non-state actors.  On that front, this has been a busy week.  Consider the pair of indictments announced today out of the Southern District of New York, one involving Hezbollah and the other . . .
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Consensus at the HASC Hearing on the Need for Flexibility?

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Tuesday, July 26, 2011 at 4:23 PM

I came away from today’s HASC hearing much more optimistic about the future course of our detention/prosecution policy than I had been coming in, as there were signs of what I hope will become consensus on two key issues. The first issue concerns the use of civilian criminal prosecution for overseas captures (note that no one appeared . . .
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Today’s HASC Hearing

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Tuesday, July 26, 2011 at 3:30 PM

Today’s House Armed Services Hearing on “Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror” included testimony from the following witnesses: Michael Mukasey Daniel Dell’Orto Steven Engel And, of course, Lawfare’s own Robert Chesney Here is video of the entire hearing:  

My Testimony on Detention/Prosecution Policy for Tomorrow’s HASC Hearing

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Tuesday, July 26, 2011 at 12:22 AM

On Tuesday morning, the House Armed Services Committee is holding a hearing titled “Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror.”  I’m not sure if it will be webcast, though I hope it will.  The other witnesses include former Attorney General Mike Mukasey, former DoD . . .
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Charles Lane on Norwegian Criminal Law

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Monday, July 25, 2011 at 3:39 PM

I was lucky enough, unlike a number of other commentators, to be on the road on Friday when news of the attacks in Norway broke–and thus missed the opportunity to make an assumption that proved spectactularly wrong about who the perpetrator was and what cause he believed required the deaths of dozens of his countrymen. . . .
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Changes to our Facebook Page and Twitter Feed

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Sunday, July 24, 2011 at 3:06 PM

We have made a few adjustments to Lawfare’s Facebook page and Twitter feed, which should make both more useful for the social networkers among our readers. Several of the people associated with the blog are now tweeting interesting law-and-security-related news and commentary whenever we run across it, creating out of the Twitter feed not merely . . .
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Thoughts on Gul

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Sunday, July 24, 2011 at 8:34 AM

I have now had a chance to read Gul, the other D.C. Circuit case that came down on Friday. Gul establishes a proposition that, in my opinion at least, should be pretty obvious: that Guantanamo habeas jurisdiction does not survive the release or transfer of the detainee from Guantanamo. I’m not sure that many people . . .
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Thoughts on Al Alwi

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Saturday, July 23, 2011 at 7:43 AM

I normally have a pretty good read on the D.C. Circuit in habeas cases. Not this time. Al Alwi, one of the decisions which Wells posted yesterday, took me rather by surprise. To be true to what I wrote last month, I suppose I should declare that my Lawfare account was hacked and I never . . .
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D.C. Circuit Opinions in Al-Alwi and Gul

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Friday, July 22, 2011 at 12:34 PM

Today, the D.C. Circuit handed down opinions in two detainee cases, Al-Alwi v. Obama and Gul v. Obama.  *** The first affirms the decision of the district court, which found Al-Alwi lawfully detained by a preponderance of the evidence.  In reaching that outcome, Judges Tatel, Garland and Williams concluded that the district court’s factual findings . . .
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Nashiri Filing to the Military Commission Convening Authority

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Friday, July 22, 2011 at 8:49 AM

Carol Rosenberg at the Miami Herald reported the other day that lawyers for accused USS Cole bombing suspect Abd al Rahim al Nashiri had asked the convening authority of the military commissions to take the death penalty off the table because of abuse Nashiri suffered at the hands of the CIA. The filing itself, which . . .
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