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Monthly Archives: January 2012

Nashiri Seeks to Depose Yemeni President Saleh

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Tuesday, January 31, 2012 at 9:18 PM

The Nashiri defense has filed a motion to depose Yemeni President Ali Abdullah Saleh, who arrived recently in the United States for medical treatment. The motion is not yet public, but its title appears on the docket of his case (Docket Number AE037).

Counterstrike: The Untold Story of America’s Secret Campaign Against Al Qaeda

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Tuesday, January 31, 2012 at 3:07 PM

Counterstrike: The Untold Story of America’s Secret Campaign Against Al Qaeda explores the emergence of new strategic thinking in American counter-terrorism.   Eric Schmitt and Thom Shanker are two consummate national security reporters at the New York Times and their approach to this daunting subject is refreshing and important.   Too frequently, discussions surrounding counter-terrorism policy (and . . .
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Cybersecurity Legislation — Big Issues at the 10,000 Foot Level

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Tuesday, January 31, 2012 at 12:59 PM

Soon, Senator Harry Reid promises to bring a comprehensive cybersecurity bill before the Senate for consideration.  The base draft bill to be considered remains shrouded in secrecy, the subject of urgent, on-going, behind the scenes negotiations.  The general intent appears to be the crafting of a single bill that combines aspects of the two major . . .
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Today’s Headlines and Commentary

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Tuesday, January 31, 2012 at 12:46 PM

Today’s top story is the President’s maybe-a-little-too candid remarks on the CIA’s drone program, as Ben discussed here. Here are the New York Times and the Los Angeles Times on the story. Lots of other drone news: Andrew Stobo Sniderman and Mark Hanis of the Genocide Intervention Network argue in the Times that we should use our . . .
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Paul Rosenzweig Guest Blogging on Cyber Legislation

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Tuesday, January 31, 2012 at 11:50 AM

I’m pleased to announce that Paul Rosenzweig will be guest blogging for Lawfare while Congress considers the cybersecurity legislation that is now headed for the Senate floor. Paul has a great deal of expertise in cybersecurity legal policy issues, and homeland security issues more generally. Many Lawfare readers will already be familiar with his work. . . .
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When Is a Covert Action No Longer Covert?

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Tuesday, January 31, 2012 at 11:12 AM

Riddle me this: At what point does official acknowledgment of a covert action become so strong that it can no longer be justified as a covert action–which is statutorily defined as action in which the role of the United States is not intended to be acknowledged or apparent? And if the government crosses that threshold, can the activity . . .
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The United States as a Party to an AQAP-Specific Armed Conflict in Yemen

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Tuesday, January 31, 2012 at 10:34 AM

Drone strikes in Yemen raise important questions regarding the field of application of International Humanitarian Law (IHL), the extraterritorial applicability of International Human Rights Law (IHRL), and the proper approach to norm reconciliation should both IHL and IHRL apply simultaneously.  That first question–whether IHL applies to strikes in Yemen–tends to be framed in one of . . .
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Cybersecurity on the Floor

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Tuesday, January 31, 2012 at 9:17 AM

So amidst all of the gridlock in Congress and the presidential campaigning, there is actually a pretty good chance that Congress might get something significant and forward-looking done this year. The issue is cybersecurity, which is already covered in more than 30 congressional statutes–or so says CRS in this enormously helpful report. Cybersecurity policy has been debated, and then promptly . . .
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Al Kandari En Banc Petition Denied

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Monday, January 30, 2012 at 4:40 PM

Well, that didn’t take long. The government only submitted its opposition to Fayiz Mohammed Ahmed Al Kandari’s petition for en banc review on January 19. But the D.C. Circuit today denied the petition. A D.C. Circuit panel decided Al Kandari’s case in December, after cancelling oral arguments.

How to Subscribe to the Lawfare Podcast in iTunes Now

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Monday, January 30, 2012 at 11:53 AM

As Ben mentioned, we’re still waiting for iTunes to approve the Lawfare Podcast. Even before approval, however, you can subscribe to it through iTunes by following these simple steps: Open iTunes. Go the “Advanced” menu and choose “Subscribe to Podcast”. In the window that opens up, enter “http://lawfare.libsyn.com/rss” (without the quotation marks). That’s it!

Today’s Headlines and Commentary

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Monday, January 30, 2012 at 10:58 AM

Eric Schmitt and Michael Schmidt write in the New York Times that the drones keeping watch in Iraq are less than welcome these days, despite their being operated by the State Department, not the military. The Jerusalem Post reports that Israel’s Heron TP, its most advanced drone, crashed during a test flight when one of . . .
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Announcing the Lawfare Podcast

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Monday, January 30, 2012 at 12:09 AM

It is a great pleasure to announce the first episode of the Lawfare Podcast: The Lawfare Podcast quite literally speaks for itself, so I won’t spend a lot of time introducing it. Like a lot of things we do on this blog, it’s an experiment. The first episode is a discussion with journalist Shane Harris . . .
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Amicus Brief Challenging the ICTY’s Ruling on Distinction in Gotovina

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Sunday, January 29, 2012 at 4:33 PM

[The following guest post, from Geoff Corn (South Texas College of Law), extends the discussion of the Gotovina decision from Laurie Blanks’s guest post yesterday]       On April 15, 2011, the International Criminal Tribunal for the Former Yugoslavia issued its judgment in the case of Prosecutor v. Gotovina, et. al.  Colonel General Ante Gotovina and . . .
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On Determining Whether Artillery Fire Was Directed at Civilians Purposefully: Criticism of the ICTY’s Gotovina Decision

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Friday, January 27, 2012 at 6:55 PM

[This is the first of two posts concerning the ICTY’s Gotovina decision (the ICTY summary of which appears here, and two volumes of trial documents are available here] Professor Laurie Blank, Director of the International Humanitarian Law Clinic at Emory Law, writes in with the following guest post.  Everyone interested in IHL issues (particularly the methodology by . . .
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Today’s Headlines and Commentary

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Friday, January 27, 2012 at 4:25 PM

The Blog of Legal Times tells us that the Department of Justice has “filed court papers Wednesday in a public records suit in Washington asking U.S. District Judge James Boasberg to keep the photos [showing Osama bin Laden’s dead body] out of the public domain” for fear that they could “incite violence against the United States.” . . .
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District Court Judgment Affirmed in Suleiman Appeal

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Friday, January 27, 2012 at 10:30 AM

No big surprise here: The D.C. Circuit has affirmed the judgment of the District Court in upholding the detention of Guantanamo detainee Abdul-Rahman Abdo Abulghaith Suleiman’s appeal. The opinion has not been released yet, but the order is available here. When the redacted opinion, filed by Judge Thomas Griffith, is made available, we will post it. Read . . .
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Al Madhwani Cert Opposition Filed

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Friday, January 27, 2012 at 9:22 AM

The government has filed its opposition to cert in the case of Al Madhwani v. Obama–a Guantanamo habeas case. Al Madhwani’s cert petition seeks review of this DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion. The government’s argument is interesting because it explicitly invokes the new language in the NDAA: In . . .
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Minneci v. Pollard and Contractor Liability

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Thursday, January 26, 2012 at 6:38 PM

Tomorrow morning, the en banc Fourth Circuit will hear oral argument in the two Abu Ghraib/contractor preemption cases about which we’ve blogged previously. Although there’s a serious question as to the Court of Appeals’ jurisdiction, the heart of the issue on the merits is whether victims of torture at Abu Ghraib can attempt to use . . .
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Cully Stimson Responds…

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Thursday, January 26, 2012 at 5:09 PM

My earlier post prompted the following reply from Cully Stimson, whom I thank for sending such a thoughtful response, and which I think it only fair to post in its entirety: My friend Steve Vladeck takes me to task for what he believes is my point in my Heritage post.  He writes, “Stimson believes that . . .
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“Eager Young Know-Nothings”: A Response to Cully Stimson

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Thursday, January 26, 2012 at 2:53 PM

Further to the ongoing exchange (begun on Salon and continued on this blog here and here) between Laura Pitter from Human Rights Watch and Ben on the fairness vel non of the al-Nashiri military commission proceedings, Cully Stimson has weighed in over at “The Foundry” (the Heritage Foundation’s blog) with his own critique of Laura’s account. Separate . . .
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