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Monthly Archives: September 2011

My Thoughts on the Al-Aulaqi Killing in the NYT

By Jack Goldsmith
Friday, September 30, 2011 at 9:14 PM

They are here.… Read more »

Thomas Joscelyn on Al Aulaqi’s Operational Role

By Benjamin Wittes
Friday, September 30, 2011 at 3:53 PM

For those interested in more detail on Anwar Al-Aulaqi’s alleged operational role in terrorist plots, this piece from the Long War Journal back in March, written by Thomas Joscelyn, is well worth a read. It details Al Aulaqi’s email exchanges … Read more »

Guest Post from Mike Lewis on Awlaki and Neutrality Law

By Robert Chesney
Friday, September 30, 2011 at 3:41 PM

Professor Michael Lewis writes in with the following guest post:

Why IHL and not Self-Defense Should be Considered the Legal Basis for the Awlaki Operation

Anwar al-Awlaki is dead, apparently killed by a US drone strike in Yemen.  From the

Read more »

Not Engaging With He Who Must Not Be Named

By Benjamin Wittes
Friday, September 30, 2011 at 3:19 PM

A senior administration lawyer involved in national security issues writes in with the following:

I read the commentary by He Who Must Not Be Named On This Blog on the killing of Aulaqi, and while I understand that you refuse

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What Process is Due?

By Benjamin Wittes
Friday, September 30, 2011 at 11:45 AM

A corollary to Bobby’s second point in this post is that it is not enough to say the words “due process” by way of denouncing the Al Aulaqi strike, as though those words represent a discussion-ending argument. One has to … Read more »

Al-Awlaki as an Operational Leader Located In a Place Where Capture Was Not Possible

By Robert Chesney
Friday, September 30, 2011 at 11:02 AM

In the flurry of al-Awlaki coverage today, there are two points that I think are particularly worthy of attention.

First, does this show that the U.S. government asserts authority to target based on speech alone?  One might get that impression … Read more »

Guess Who is Denouncing the Al Aulaqi Killing

By Benjamin Wittes
Friday, September 30, 2011 at 9:47 AM

Over at Salon.com, He Who Must Not Be Named on This Blog is upset by the fact that what he terms the “the due process-free assassination of U.S. citizens is now reality.”

 … Read more »

Today’s Headlines and Commentary

By Raffaela Wakeman
Friday, September 30, 2011 at 9:39 AM

Anwar al-Awlaki, an influential member of al Qaeda who was one of the most wanted members of any terrorist organization, has been killed in an airstrike in northern Yemen, as Sudarsan Raghavan at the Washington Post reports, as does … Read more »

D.C. National Security Law Career Fair: October 17

By Raffaela Wakeman
Friday, September 30, 2011 at 9:04 AM

From the President of GWU Law’s National Security Law Association:

The ABA Standing Committee on Law and National Security and GW Law School’s National Security Law Association are organizing a National Security Law Career Fair for all DC-area law schools,

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Looks Like We Got Anwar Al Aulaqi

By Benjamin Wittes
Friday, September 30, 2011 at 8:51 AM

Here’s the New York Times coverage, the Washington Post story, and the coverage on CBS News. Al Aulaqi appears to have been killed with a drone.

National Public Radio is blogging the news.… Read more »

Letter from the Petitioner in Suleiman

By Wells Bennett
Thursday, September 29, 2011 at 11:20 AM

On Tuesday, lawyers for Abdulrahman Abdou Abou Alghaith Suleiman filed this letter with the Clerk of the United States Court of Appeals for the District of Columbia Circuit.  The letter replies to an earlier letter, which was filed by … Read more »

Massachusetts Man Arrested in Connection with Pentagon Plot

By Robert Chesney
Wednesday, September 28, 2011 at 4:17 PM

The case is United States v. Ferdaus, and the complaint and underlying affidavit for the arrest are attached here and here.  In brief, the case involves a US citizen who thought he was working with members of al … Read more »

European Parliament Study on Intelligence Oversight

By Benjamin Wittes
Wednesday, September 28, 2011 at 2:46 PM

The European Parliament’s Civil Liberties, Justice and Home Affairs Committee released  this lengthy study today of oversight of national security and intelligence agencies by member states. Entitled “Parliamentary Oversight of Security and Intelligence Agencies in the European Union,” it includes attachments … Read more »

Military Commission Charges Referred Against Al-Nashiri

By Robert Chesney
Wednesday, September 28, 2011 at 2:19 PM

Charges have just been referred in the al-Nashiri case.  Next step: arraignment.  Thanks to the very-slick new commissions website (www.mc.mil), the charges are available here.  They include some but not all the charges originally specified by prosecutors.   … Read more »

Geneva Convention Argument Rejected in Prosecution of Alleged Iraqi Insurgent

By Robert Chesney
Wednesday, September 28, 2011 at 1:51 PM

United States v. Alwan is the case in the Western District of Kentucky involving individuals accused of having been insurgents in Iraq who attacked American troops.  There have been some calls for shifting the case into the military commission system, but … Read more »