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Posts by Jane Chong

Jane Chong is a 2014 graduate of Yale Law School. She researched national security issues at Brookings as a Ford Foundation Law School Fellow and has previously interned in the narcotics and terrorism units at the U.S. Attorney’s Office for the Southern District of New York. She graduated from Duke University in 2009.

Why Americans Don’t Trust the Intelligence Community

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Tuesday, March 3, 2015 at 10:30 AM

In his NSA Constitution Day speech, and in a follow-up post last week with Ashley Deeks, Ben offered this “tentative hypothesis” for why the intelligence community, and NSA in particular, engenders so much distrust among “reasonable” Americans: whereas most of our laws (theoretically) apply to people irrespective of race, class or gender, the intelligence community does . . .
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Mysterious Discretion: When Journalists Wield Power We Don’t Understand

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Monday, February 23, 2015 at 2:00 PM

Last night, Laura Poitras’s Citizenfour received an Academy Award for Best Documentary Feature, a win I have been anticipating since Glenn Greenwald won the Pulitzer Prize back in April for breaking the Edward Snowden leaks. In honor of the occasion, let’s reflect on the single most compelling moment in Citizenfour. I am talking about the moment in the . . .
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Misunderstanding Terrorism: Charlie Hebdo Didn’t Provoke the Killers

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Monday, January 12, 2015 at 3:01 PM

Some commentators who have condemned the Charlie Hebdo killings have, in the same breath, criticized the publication for being unnecessarily provocative. Last Wednesday over at the New York Times, Ross Douthat countered the “unnecessary” half of this characterization, writing: “If a large enough group of someones is willing to kill you for saying something, then . . .
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From Fake to Real Importance: Another Review of “The Interview”

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Friday, December 26, 2014 at 6:41 PM

This morning the Associated Press reported that South Korea, Japan and the United States will be signing their first three-way intelligence-sharing pact as part of an effort to address the growing North Korean nuclear threat. Seems like a good time to review the film credited with drawing the Supreme Leader’s recent ire. It’s been two . . .
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D.C. Circuit Denies Rehearing En Banc in Allaithi v. Rumsfeld

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Tuesday, November 18, 2014 at 6:23 PM

The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees’ petition for rehearing en banc in Allaithi v. Rumsfeld. The detainees sought review of the D.C. Circuit’s June 10, 2014 decision affirming the ruling below on the grounds that the case raises two questions of exceptional importance: as to (1) whether detainees are “persons” under the Religious Freedom . . .
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Appellees File Supplemental Brief in Klayman v. Obama

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Monday, November 10, 2014 at 5:55 PM

A few days after oral argument before a three-judge panel of the D.C. Circuit last week, Larry Klayman and company filed a supplemental brief, citing a desire to more fully address questions as to how their Fourth Amendment rights were being violated in light of the government’s contention that it had not accessed their calls for reasons beyond . . .
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D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case

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Friday, October 31, 2014 at 7:00 PM

The D.C. Circuit has just issued a per curiam order denying the detainees’ petition for an en banc rehearing in Hatim v. Obama. So ends—for the time being—Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif’s bid to reinstate District Chief Judge Lamberth’s July 2013 ruling as to the unconstitutionality of the challenged Guantanamo security . . .
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Government Files Response in Allaithi v. Rumsfeld

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Wednesday, October 22, 2014 at 12:48 PM

The government has filed its response to six Guantanamo detainees’ August 25, 2014 petition for en banc rehearing in Allaithi v. Rumsfeld. The detainees argued that (1) the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751 (2014) established that they were entitled to freedom from substantial burdens on their . . .
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Government Files Response in Hatim v. Obama

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Tuesday, October 14, 2014 at 4:30 PM

Today the government filed a short response to the detainees’ petition for an en banc rehearing in Hatim v. Obama, the Guantanamo counsel-access case. Recall that last month the D.C. Circuit ordered the United States to respond to a joint motion filed by Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif. The detainees are seeking review of a . . .
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Plaintiffs File Reply in Klayman v. Obama

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Tuesday, October 7, 2014 at 11:51 PM

Last Friday plaintiffs (appellees/cross-appellants) in Klayman v. Obama filed their reply to the government’s response and reply brief. The plaintiffs’ new 38-page filing largely reiterates arguments from their August 13, 2014 brief—for example, contending again that Riley v. California, 134 S. Ct. 2473 (2014) changes the precedential effect of Smith v. Maryland: “The Supreme Court’s modern up-to-date view of today’s cellular . . .
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Oral Argument Tomorrow in Under Seal v. Holder

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Tuesday, October 7, 2014 at 10:23 PM

Speaking of National Security Letter (NSL) challenges: tomorrow morning Judges Ikuta, N. Randy Smith and Murguia of the Ninth Circuit will hear oral argument in In re National Security Letter, Under Seal v. Holder. These cases are sealed, but the Court has ordered the disclosure of party briefs and other documents, available here. [Just a note: Nos. . . .
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Fourth Circuit Affirms Refusal to Vacate Sentence in United States v. Abu Ali

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Tuesday, October 7, 2014 at 4:04 PM

In an unpublished per curiam opinion, Chief Judge Traxler and Judges Wilkinson and Motz of the Fourth Circuit today dismissed Ahmed Omar Abu Ali’s bid to overturn the district court’s 2012 order denying relief on his 28 U.S.C. § 2255 motion to vacate his sentence. Some background: Abu Ali—a U.S. citizen born in Texas and . . .
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Petitioner Files Reply in Bahlul v. United States

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Tuesday, October 7, 2014 at 4:00 PM

Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction. In the new filing, petitioner makes a point of rejecting the government’s claim for plain error review before elaborating on the four arguments put forth in his opening brief. The argument . . .
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Judge Kessler Orders Release of Guantanamo Force-Feeding Videos

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Friday, October 3, 2014 at 7:30 PM

An important development today in Dhiab v. Obama: over the government’s objections, D.C. District Court Judge Gladys Kessler has ordered the unsealing of secret videos that show Guantanamo Bay prisoner Abu Wa’el Dhiab being forcibly extracted from his cell and force-fed. Back in June, a number of media outlets, including the New York Times and the Associated Press, sought . . .
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Government Files Reply in Klayman v. Obama, ACLU Moves to Participate in Oral Argument

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Tuesday, September 23, 2014 at 9:20 AM

On Friday the government filed its response and reply brief in Klayman v. Obama, (1) arguing that the Judge Richard Leon erred in granting plaintiff-appellee-cross-appellants a preliminary injunction against Section 215 bulk telephony-metadata collection and (2) countering Klayman et al.’s cross-appeal for additional preliminary injunctive relief against government programs that involve “internet data surveillance activity.” Most of . . .
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Government Files Response in Al Bahlul v. United States

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Thursday, September 18, 2014 at 6:57 AM

Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission conviction against Bahlul that the D.C. Circuit left standing in its July 14, 2014 en banc ruling (the court vacated his convictions for material support and . . .
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Appellees File for En Banc Rehearing in Hatim v. Obama

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Tuesday, September 16, 2014 at 10:00 AM

Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees seek review of a three-judge D.C. Circuit panel’s August 1, 2014 decision upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013, including genital searches before and after detainees . . .
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Motions to Televise Oral Argument in Klayman v. Obama

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Tuesday, September 16, 2014 at 8:38 AM

Last week appellees in Klayman v. Obama filed a motion for the court’s leave to televise the oral argument, scheduled for November 4, 2014. The D.C. Circuit denied that motion yesterday, prompting appellees to immediately file a substantially similar motion for rehearing en banc. The seven-page motion for an en banc rehearing regarding the decision begins and ends . . .
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Cyborgs! Law and Policy Implications

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Friday, September 5, 2014 at 10:27 AM

And now for something completely different: Cyborgs. No, this is not a joke. For years, certain technology enthusiasts have floated variations on the question of whether we are becoming cyborgs—or already are cyborgs. In our newly released paper, titled “Our Cyborg Future: Law and Policy Implications,” we take a different, more legal angle. The law remains embryonic on . . .
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Today’s Headlines and Commentary

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Monday, September 1, 2014 at 11:27 AM

On Sunday, Russian President Vladimir Putin called for immediate talks on “the statehood” of southeastern Ukraine, a “vague and provocative turn of phrase,” notes the New York Times, that comes only days after Putin upped the rhetorical ante with an address hailing the success of “the militias of Novorossiya,” or New Russia. Reuters writes that while the Western media . . .
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