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Posts by Jane Chong

Jane Chong is a third-year student at Yale Law School, where she is an editor of the Yale Law Journal. She researches 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.

Today’s Headlines and Commentary

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Monday, July 21, 2014 at 9:05 AM

Day 14. Just about every media outlet in the country is reporting that the bloodshed in Gaza hit a horrific high this weekend, with the Associated Press, for example, reporting that at least 508 Palestinians and 20 Israelis have died in the two-week conflict. President Obama has called for an “immediate cease-fire,” writes the Guardian, and Secretary of State John . . .
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USG Files Opening Brief in Klayman Appeal

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Tuesday, July 15, 2014 at 10:00 AM

Yesterday the government filed its opening brief in Klayman v. Obama, in a bid to overturn D.C. District Court Judge Richard J. Leon’s December 16 ruling requiring the government to cease collecting, and to destroy, any Section 215 metadata associated with plaintiffs Larry Klayman and Charles Strange. By way of background: last year, the district court consolidated two putative, . . .
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Today’s Headlines and Commentary

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Monday, July 14, 2014 at 11:22 AM

According to the Wall Street Journal, the “convergence of security crises” from the Middle East to the South China Sea marks a “breadth of global instability” unseen since the late 1970s. And on that note, we plunge into weekend world developments: The Associated Press reports that thousands of Palestinian residents of the northern Gaza Strip . . .
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Today’s Headlines and Commentary

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Monday, July 7, 2014 at 12:03 PM

The Associated Press reported yesterday that Israel arrested six Jewish suspects on Sunday for the murder of Mohammed Abu Khdeir, a Palestinian teenager who was burned alive last week.  The horrific attack set off violent protests throughout the Arab sections of the country.  The AP is now reporting that three of the suspects have confessed.  The Post reports that Israeli Prime Minister . . .
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Pre-Abu Khattala: Yunis, That 1987 Shipboard Terrorist Interrogation Case

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Tuesday, July 1, 2014 at 10:00 AM

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of course, but there are also some older ones—one of which, in particular, may have precedential value for the . . .
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Today’s Headlines and Commentary

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Monday, June 30, 2014 at 11:40 AM

The New York Times reports this morning that weeks before Blackwater guards massacred 17 civilians at Bagdad’s Nisour Square in 2007, the State Department abandoned an inquiry into the security contractor’s operations when Blackwater’s top manager threatened to kill the government’s chief investigator and declared “no one could or would do anything about it as we were . . .
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Section 702-Based Relief Denied in United States v. Mohamud

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Thursday, June 26, 2014 at 1:28 PM

Mohamed Osman Mohamud, a Somali-born American citizen, was convicted in January of last year of attempting to detonate a weapon of mass destruction after he tried to set off what he thought was a car bomb in a crowded Portland square. The bomb was in fact a fake supplied to the 19-year-old by federal agents as part of a sting . . .
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Second Circuit Releases Redacted OLC Drone Memo

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Monday, June 23, 2014 at 3:07 PM

The Second Circuit has just released a redacted version of the OLC Drone Memo–here is the memo; here is the panel’s full, revised April 21, 2014 decision with the memo appended at page 67. You’ll recall that back in April, a three-judge panel (comprising Judges Newman, Cabranes and Pooler) reversed a lower court decision dismissing the ACLU’s suit for release . . .
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Today’s Headlines and Commentary

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Monday, June 23, 2014 at 11:01 AM

This morning, the New York Times cites recent Western officials and experts who have indicated that Iraq’s military forces are “combat ineffective” and its leadership is crippled by corruption. In an interview with CBS scheduled to air in full this morning, President Obama stated that the U.S. will have to pursue a “more focused, more targeted strategy” than “play[ing] whack-a-mole” . . .
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Today’s Headlines and Commentary

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Wednesday, June 18, 2014 at 11:22 AM

Ahmed Abu Khattala, who allegedly lead the 2012 attacks on Americans in Benghazi and was captured recently in a secret operation by American Special Operations forces, is being held on the USS New York, reports the Associated Press. The President issued a brief statement yesterday formally acknowledging that he had authorized the operation that led to Abu Khattala’s capture. The Hill describes discord . . .
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Allaithi v. Rumsfeld: D.C. Circuit Affirms

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Tuesday, June 10, 2014 at 2:06 PM

A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v. Rumsfeld today, affirming the district court’s ruling that six detainees subjected to prolonged detention and alleged mistreatment at Guantanamo did not sufficiently allege that the officials who authorized and supervised their detention acted outside the scope of their employment. At the outset, Judge Brown (also writing . . .
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Today’s Headlines and Commentary

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Monday, June 9, 2014 at 11:19 AM

Let’s start with developments around the world: The Taliban have claimed responsibility for this weekend’s brazen assault on Pakistan’s largest international airport that has resulted in the deaths of at least 10 militants and 19 others. All flights to Karachi have been diverted. Here is the New York Times story; here is the Washington Post report. Reuters quotes Russian Deputy Foreign . . .
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Government Files Response to Al Janko’s Petition for Rehearing En Banc

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Tuesday, June 3, 2014 at 8:22 PM

Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko’s petition for an en banc rehearing. Back in January, a three-judge panel of the D.C. Circuit affirmed the district court’s decision that 28 U.S.C. § 2241(e)(2) bars the ex-detainee from bringing a damages action against U.S. officials for imprisoning him in Afghanistan and at Guantanamo. Al Janko’s March 31 . . .
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Today’s Headlines and Commentary

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Monday, June 2, 2014 at 8:36 AM

On Saturday, after five years in Taliban captivity, Sgt Bowe Bergdahl, 28, the last American prisoner of war in Afghanistan, was freed in exchange for five Afghan Guantanamo detainees. See the New York Times coverage. Reuters cites U.S. officials who say that the surprise exchange was made possible after hard-line Afghan Taliban factions shifted course. On Sunday Obama administration . . .
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Today’s Headlines and Commentary

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Tuesday, May 27, 2014 at 11:22 AM

Petro Poroshenko, the pro-Europe chocolate tycoon, was declared the victor in Ukraine’s presidential election on Sunday, reports the Wall Street Journal. The Associated Press writes that Ukraine’s president-elect launched airstrikes against pro-Russian militants occupying a major airport in East Ukraine shortly thereafter; the New York Times reported last night that the military claimed to have succeeded in evicting the separatists from . . .
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Today’s Headlines and Commentary

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Friday, May 16, 2014 at 8:35 AM

Despite pressure from the international community to go away already, Syrian President Bashar al-Assad is calling for a June 3 presidential “election,” an idea UK Foreign Secretary William Hague blasted yesterday as a “parody of democracy.” So says BBC. The Wall Street Journal is reporting that Iran has been recruiting Afghan refugees to fight for the Assad regime in . . .
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Today’s Headlines and Commentary

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Monday, May 12, 2014 at 8:58 AM

Hundreds of thousands of people cast ballots in the referendum vote on regional sovereignty arranged by pro-Russian rebels on Sunday, reports Al Jazeera America, despite warnings from Ukraine’s acting president, Oleksandr Turchynov, that the vote would not be recognized. According to separatists, the results show that 90 percent of voters favor sovereignty; here is the Associated Press with details. Predictably, the . . .
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Today’s Headlines and Commentary

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Monday, May 5, 2014 at 2:37 PM

After 46 people died last Friday in riots across east Ukraine, and pro-Russian demonstrators stormed Odessa police headquarters on Sunday to free 67 people detained after rioting, Ukraine has sent an elite national guard unit to reestablish control over Odessa, a southern port city seized by pro-Russia militia. Here‘s the Associated Press with details. An agreement . . .
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Today’s Headlines and Commentary

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Monday, April 28, 2014 at 11:24 AM

The mayor of Ukraine’s second largest city, Kharkiv, was shot in the back and is now “fighting for his life,” according to USA Today.  Pro-Russian gunmen in eastern Ukraine seized monitors from Germany, Denmark, Poland, Sweden and the Czech Republic this weekend, reported the BBC. The monitors had been sent in by the Organization for Security and . . .
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The Al-Awlaki Decision: No Triumph for Transparency?

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Thursday, April 24, 2014 at 7:37 AM

On Monday, a three-judge Second Circuit panel ordered the Obama administration to disclose a redacted copy of the Office of Legal Counsel memorandum outlining its legal justification for the targeted killing of New Mexico-born Anwar al-Awlaki. The decision is being cast as a triumph for transparency, and a clear admonition of presidential secrecy with respect to . . .
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