Skip to content

Monthly Archives: September 2011

My Thoughts on the Al-Aulaqi Killing in the NYT

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

They are here.

Thomas Joscelyn on Al Aulaqi’s Operational Role

By
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 with a would-be terrorist in Britain: In December 2009, Tehzeeb Karim traveled with two others from . . .
Read more »

Guest Post from Mike Lewis on Awlaki and Neutrality Law

By
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 speeches given by Harold Koh and John Brennan on the subject of such operations, the . . .
Read more »

Not Engaging With He Who Must Not Be Named

By
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 to engage him, I would like to put several relatively straightforward questions to anyone inclined . . .
Read more »

What Process is Due?

By
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 specify what process is due to someone being targeted in a particular circumstance before one concludes that . . .
Read more »

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

By
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 from some of the coverage, but it is worth recalling what the government had to . . .
Read more »

Guess Who is Denouncing the Al Aulaqi Killing

By
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.”  

Today’s Headlines and Commentary

By
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 a trio of reporters at the New York Times, the AP, Josh Gerstein and Tim Mak . . .
Read more »

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

By
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, and anybody else interested in pursuing a career in national security law! The National Security . . .
Read more »

Looks Like We Got Anwar Al Aulaqi

By
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.

Letter from the Petitioner in Suleiman

By
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 the government after oral argument. 

Massachusetts Man Arrested in Connection with Pentagon Plot

By
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 Qaeda to (i) create IED components for use against American soldiers in Iraq and (ii) carry out . . .
Read more »

European Parliament Study on Intelligence Oversight

By
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 submitted by national intelligence oversight bodies. The abstract reads as follows: This study evaluates the oversight . . .
Read more »

Military Commission Charges Referred Against Al-Nashiri

By
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.   Note that while some of these charges do raise complex questions regarding whether the law of war applied at the . . .
Read more »

Geneva Convention Argument Rejected in Prosecution of Alleged Iraqi Insurgent

By
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 don’t hold your breath on that.  Meanwhile, the case is moving forward, and DOJ got . . .
Read more »

Today’s Headlines and Commentary

By
Wednesday, September 28, 2011 at 12:53 PM

Jeanette Catsoulis at the New York Times has this film review of “You Don’t Like the Truth: 4 Days Inside Guantanamo,” which presents excerpts of the interrogation of Omar Khadr, who was 16 at the time of his interrogation. Film Journal International also reviews the movie. Claire Cain Miller at the Times writes on the . . .
Read more »

More from Tom Ricks on JAGs and the Civ-Mil Relationship

By
Wednesday, September 28, 2011 at 12:36 PM

Over at Best Defense, Tom Ricks has another post on the role of JAGs in the civ-mil relationship.  I’d given him some recommendations previously in response to his first post and my call to readers for suggestions.  Some more recommendations have come in since then, including this piece by the terrific duo of Sean Watts and Paul . . .
Read more »

More Transparency Improvements for the Military Commission System: The New Website

By
Wednesday, September 28, 2011 at 12:24 PM

As we have emphasized on this site quite often, the legitimacy of the military commission system has been hobbled in the past by a lack of transparency in its proceedings.  There was very good news on that front recently, as Ben wrote yesterday, with respect to plans for simulcasts of the proceedings.  And now comes . . .
Read more »

FBI Watch List Rules

By
Wednesday, September 28, 2011 at 6:55 AM

Interesting Charlie Savage story this morning about a newly released FBI document detailing rules for inclusion of terrorist suspects on watch lists. Of particular interest to Savage is the fact that those acquitted of crimes can still be included.  

A Comparative Look at Preventive Criminal Charges in the US and UK: The Latest Homegrown-but-Trained-Abroad Case

By
Tuesday, September 27, 2011 at 4:57 PM

This past Sunday, police in Birmingham, England, made a series of arrests in connection with a “homegrown-but-trained-abroad” terrorism plot.  Irfan Nasser and Irfan Khalid allegedly traveled to Pakistan to obtain training, made martyrdom videos, and planned to carry out suicide bombings.  Ashik Ali also allegedly intended to carry out a suicide bombing.  Other defendants were . . .
Read more »