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Posts by Alan Rozenshtein

Alan Rozenshtein graduated magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. During law school he interned in the violent crimes and terrorism section of the criminal division of the United States Attorney's Office for the Eastern District of New York and in the Office of the Assistant Attorney General for the Civil Division at the Department of Justice. He graduated with an A.B. in history from Harvard University in 2007 and studied philosophy at Balliol College, University of Oxford from 2007 to 2008. You can reach him by email at [email protected] or follow him on Twitter at @arozenshtein.

What the Convening Authority’s Decision Means: Withdrawal Is off the Table, but Dismissal Is Still an Option

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Friday, January 18, 2013 at 5:23 PM

As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins’s recommendation to withdraw the conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Withdrawal, which can be done for any reason and at any time prior to trial findings being announced, would normally lead . . .
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Lawfare Podcast #24: Federal Public Defender Miriam Conrad on the Rezwan Ferdaus Case

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Wednesday, January 16, 2013 at 9:25 AM

Rezwan Ferdaus, a 26-year-old U.S.-born citizen of Bangladeshi origin, was arrested in September 2011 for plotting to attack the Pentagon and the Capitol Building with remote-controlled model airplanes carrying C-4 explosives, as well as for providing material support to al Qaeda. He pled guilty in federal district court in Boston and, in November 2012, was sentenced to . . .
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The 2013 NDAA Signing Statement: No Better Than the 2012 Version

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Friday, January 4, 2013 at 4:52 PM

As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separation of powers. The language is similar to last year’s signing statement objecting to the 2012 NDAA’s transfer restrictions. I published a brief student comment . . .
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New York Times Renews Call for Guantánamo Prison Closure

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Monday, November 26, 2012 at 3:33 PM

As Ritika noted earlier today, the New York Times editorial page has renewed its call for the Obama administration to close the prison at Guantánamo Bay. (I’ll take it from Ben’s lack of snark that he judges the Times to have gotten its facts right, so onward with the merits of its argument.) Taking the . . .
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Stuxnet Infected Chevron [Updated]

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Monday, November 12, 2012 at 1:01 PM

On Friday, the Wall Street Journal reported that Stuxnet, the virus that targeted Iran’s uranium enrichment program and that is generally thought to have been created jointly by the United States and Israel, also infected the computer systems of energy giant Chevron. Although it breached Chevron’s security systems, the virus apparently did not cause any damage. Chevron . . .
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Lawfare Podcast Episode #21: Jameel Jaffer and Benjamin Powell on Clapper v. Amnesty International

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Monday, November 12, 2012 at 12:59 PM

On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International, which poses the question whether a group of human rights organizations, lawyers, activists, and journalists have standing to challenge a congressionally-authorized warantless government surveillance program. In this episode of the podcast, I spoke with both Jameel Jaffer of the ACLU, who . . .
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Supreme Court Oral Argument in Clapper v. Amnesty International This Morning [Updated]

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Monday, October 29, 2012 at 9:34 AM

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty International, about whether human rights groups have standing to challenge the constitutionality of counterterrorism-related global surveillance, given that the program is secret and . . .
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D.C. Circuit Upholds Narcoterrorism Conviction in United States v. Mohammed

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Wednesday, September 5, 2012 at 10:40 AM

Yesterday the D.C. Circuit issued its decision in United States v. Mohammed, in which the defendant, Afghan citizen Khan Mohammed, appealed his conviction on narcoterrorism charges stemming from his involvement in a plot to attack a NATO base in Afghanistan. Of particular relevance to Lawfare readers is the court’s broad interpretation of 21 U.S.C. § 960a, which criminalizes drug . . .
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Lawfare Podcast Episode #16: Kent Roach on The 9/11 Effect

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Saturday, July 21, 2012 at 10:54 PM

Professor Kent Roach, the Prichard Wilson Chair in Law and Public Policy at the University of Toronto Faculty of Law, has written a new book, The 9/11 Effect: Comparative Counter-Terrorism, which came out last August from Cambridge University Press. This episode of the Lawfare Podcast features a conversation I had with him a few days . . .
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New York Times: Senior U.S. Official Confirms Israel’s Assertion that Hezbollah Was Behind Bulgaria Bombing

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Thursday, July 19, 2012 at 5:05 PM

The New York Times has just published a story in which it quotes an unnamed “senior American official” who confirms Israel’s assertions that the Bulgaria bombing was carried out by a Hezbollah cell operating in Bulgaria: The official said the current American intelligence assessment is that the bomber was “acting under broad guidance” to hit Israeli . . .
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Conflicting Reports on Whether Bulgarian Suicide Bomber Was Former Guantanamo Detainee Mehdi Ghezali

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Thursday, July 19, 2012 at 3:53 PM

Earlier today, numerous Israeli English-language media outlets (Times of Israel, Haaretz) picked up Bulgarian news stories that identified the Bulgarian suicide bomber as Mehdi Ghezali, a 33-year old Swede who was held at Guantanamo Bay from 2002 to 2004 and was subsequently transferred to and released by the Swedish government. However, both the Bulgarian and Swedish . . .
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FOIA Request Reveals National Security Letter Templates

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Monday, July 2, 2012 at 4:24 PM

The Wall Street Journal and Ars Technica report on some very intersting results of a FOIA request for information on the “national security letters” that the FBI sends to tech companies to get information on users. These letters have provoked controversy, at least among civil liberties groups, both for their volume—the FBI issued nearly 25,000 such letters in . . .
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And Now for Something Completely Different

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Friday, June 1, 2012 at 5:04 PM

If she wasn’t your favorite monarch before, she should be now. On the eve of the Diamond Jubilee:  

Second Circuit Allows Government To Withhold OLC Interrogation Memos and CIA Interrogation Records and Abu Zubaydah Photograph

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Friday, May 25, 2012 at 7:43 PM

The New York Times published an editorial yesterday criticizing Monday’s decision by the Second Circuit in ACLU v. Department of Justice, which held that various interrogation-related materials sought by the ACLU and other groups were exempted from Freedom of Information Act (FOIA) disclosure and thus the Department of Justice and CIA were entitled to refuse to release . . .
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European Court of Human Rights Approves Abu Hamza Extradition to U.S.

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Tuesday, April 10, 2012 at 1:13 PM

As Raffaela has already noted, the European Court of Human Rights unanimously ruled this morning that Abu Hamza al-Masri and four other wanted terrorism suspects may be extradited from the United Kingdom to the United States. (Additional reporting on the decision is available in the New York Times and the Telegraph.) Abu Hamza is accused . . .
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Supreme Court Holds No Political Question in Zivotofsky, Remands for Decision on the Merits

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Monday, March 26, 2012 at 1:22 PM

This morning the Supreme Court released its opinion in Zivotofsky v. Clinton. In an 8–1 decision, it reversed the lower courts’ dismissal of Menachim Zivotofsky’s suit to have “Jerusalem, Israel” listed as his place of birth. The Court held that that the political-question doctrine did not bar Zivotofsky’s suit. Chief Justice Roberts wrote the majority . . .
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Oral Argument Yesterday in Doe v. Rumsfeld [Updated]

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Tuesday, March 20, 2012 at 12:05 AM

The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is similar to Lebron v. Rumsfeld and Vance v. Rumsfeld, two recent Bivens cases brought by U.S.-citizen plaintiffs. In Lebron, . . .
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Full Research Details on Highly Contagious Avian Influenza To Be Released

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Saturday, February 18, 2012 at 10:08 AM

The New York Times is reporting that a group of flu and public health experts at a WHO-convened meeting in Geneva have decided that the full research details will be released regarding the highly contagious and deadly avian influenza developed by researchers last year (My earlier coverage of the story is available here): Most of the group . . .
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Senate Cybersecurity Hearings Live Video

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Thursday, February 16, 2012 at 3:44 PM

The Senate is currently holding hearings on the upcoming cybersecurity bill. You can watch the live feed here.

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!