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Posts by Matt Danzer

Matt Danzer is a second-year student at Columbia Law School, where he is a member of the Columbia Law Review and the president of the National Security Law Society. He previously worked as an editor for the public policy blog Wonk Wire. He graduated from Cornell University in 2012 with a B.S., with honors, in Industrial and Labor Relations.

A Summary of Friday’s Decision in al-Aulaqi v. Panetta

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Monday, April 7, 2014 at 1:19 PM

As Ben mentioned on Friday, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a Bivens suit brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan—three U.S. citizens killed in U.S. drone strikes in 2011—seeking to hold various federal officials personally liable for their roles in . . .
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What’s In that House Metadata Bill Anyway?

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Sunday, March 30, 2014 at 8:53 PM

The big news last week in NSA reform was the White House’s announcement of its plan to end the NSA’s metadata program, but it wasn’t the only news. The bipartisan leadership of the House Intelligence Committee introduced legislation to end bulk collection as well. Civil libertarians have greeted this proposal with less enthusiasm than they . . .
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What’s the Deal with Crimea? A Brief History in Links

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Wednesday, March 5, 2014 at 6:52 AM

Russia’s recent military actions in Crimea have many wondering what (and where) Crimea is, anyway. Here are the basics on geography and history. Crimea is a Ukranian peninsula in the northern Black Sea separated from Russia by the narrow Strait of Kerch. The vast majority of the peninsula is governed by the Autonomous Republic of . . .
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Statement of Chief Prosecutor on Pre-Trial Motions in Al-Nashiri Case

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Wednesday, February 26, 2014 at 4:04 PM

The chief prosecutor in United States v. Al-Nashiri, Brig. Gen. Mark Martins, spoke at Guantanamo Bay today on the many pre-trial motions in the case. The introduction is below and you can view the full statement after the break. CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 26 FEBRUARY 2014 Twenty-one years ago today, at this hour, . . .
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2/24 Motions Hearing #5: Medical Care

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Wednesday, February 26, 2014 at 8:10 AM

Argument comes now on AE 199, a government motion seeking the court’s permission to conduct DNA testing on four hair samples in an FBI lab without the presence of the defense’s expert witness.  (It’s not exactly profound stuff, so we’ll mention it here only it passing.)  When that’s done, Judge Pohl turns to AE 205, . . .
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2/24 Motions Hearing #4: Visiting Camp 7

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Tuesday, February 25, 2014 at 1:12 PM

The afternoon session kicks off with AE 171, a motion that would allow members of the defense team to visit the facility in which Al-Nashiri is housed, referred to as Camp 7, in order to assist the defense in making a sentence mitigation presentation if Al-Nashiri is ultimately convicted and faces the death penalty. While . . .
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2/24 Motions Hearing #3: Change of Venue

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Monday, February 24, 2014 at 8:50 PM

The last matter for the court this morning is AE 187, a defense motion seeking to move the location of the military tribunal from Guantanamo Bay, Cuba to Norfolk, Virginia. Commander Mizer, for the defense, points the court to Rules for Courts-Martial (RCM) Rule 606(b)(11) as authority for the claim that the case for a present-day . . .
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2/24 Motions Hearing #2: Capital Punishment & Classified Evidence

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Monday, February 24, 2014 at 7:51 PM

The next motion before the court is AE 181, a defense motion to dismiss the capital punishment referral for all the charges against Al-Nashiri on Due Process and Eighth Amendment grounds because he will not be granted access to classified evidence relevant both to the charges against him and, subject to conviction, to mitigation at . . .
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2/24 Motions Hearing #1: Things Limburg, Part Three

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Monday, February 24, 2014 at 5:26 PM

The morning’s proceedings begin with a return to Al-Nashiri’s alleged role in the attack on the French oil tanker the M/V Limburg in Yemen in October 2002. In AE 168, CDR Brian Mizer, counsel for Al-Nashiri, seeks the dismissal of charges pertaining to the attack on the Limburg on the grounds that the commission lacks jurisdiction under . . .
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Al-Nashiri Case Motions Hearing: February 24 Session

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Monday, February 24, 2014 at 2:51 PM

After Saturday’s closed hearing and a Sunday recess, the military commission for United States v. Al-Nashiri is back in business today to work through numerous pre-trial motions at Guantanamo. As Wells mentioned earlier, we couldn’t get someone to Ft. Meade to provide live commentary on the proceedings, but I will be digging through today’s transcripts to provide . . .
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David Miranda Decision Gives Broad Scope to UK Detention Authority

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Thursday, February 20, 2014 at 7:45 AM

As I noted in an earlier post, the UK High Court in an opinion by Lord Justice John Laws dismissed David Miranda’s suit challenging his detention by the Metropolitan Police at London’s Heathrow Airport on August 18, 2013. Lord Justice Laws first considers Miranda’s claim that the Metropolitan Police acted beyond the scope of the . . .
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UK Court Dismisses David Miranda Detention Challenge

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Wednesday, February 19, 2014 at 10:35 AM

This morning, the UK’s Royal Court of Justice dismissed David Miranda’s application for judicial review of his nearly nine-hour detention at London’s Heathrow Airport last August. The Metropolitan police detained and questioned Miranda, a Brazilian national and the partner of Glenn Greenwald, as he was returning to Brazil after meeting with Laura Poitras in Berlin. . . .
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December NSA Mini-Trove: Clapper and Fleisch on Secrecy Claims Post-Snowden

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Monday, December 23, 2013 at 1:30 PM

At the heart of this month’s NSA Mini-Trove are the government’s most recent explanations of its now narrower claims of secrecy in two long-pending lawsuits—Jewel v. NSA and Shubert v. Obama—the narrowing occasioned by, naturally, Edward Snowden’s disclosures. Such is the gist of two declarations regarding secrecy privileges in the cases filed on December 20, 2013, by Director . . .
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Oral Argument Recap: Friday’s Argument in ACLU v. Clapper

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Monday, November 25, 2013 at 3:30 PM

This past Friday, District Court Judge William H. Pauley III, of the Southern District of New York, heard oral argument in the American Civil Liberties Union’s (“ACLU”) challenge to the government’s bulk telephony metadata collection program under Section 215 of the USA PATRIOT Act. Before Judge Pauley were two motions in the case of ACLU . . .
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The November NSA Trove III: More Details on the Bulk Telephony Metadata Program

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Thursday, November 21, 2013 at 8:00 AM

Next in the November NSA Trove: the filling in of some additional detail, and in five different FISC-related documents, regarding the collection and handling, by the NSA, of telephony metadata on a mass scale. In the first, a July 17, 2006 letter, the NSA advises that it is providing—pursuant to a prior order of the . . .
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The Tarek Mehanna Decision: A Brief Summary

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Friday, November 15, 2013 at 6:26 AM

As Ben previewed yesterday, the First Circuit Court of Appeals, in an opinion written by Judge Bruce M. Selya, affirmed the conviction of Tarek Mehanna on a number of terrorism and false statement charges stemming from a trip he took to Yemen in 2004. The terrorism charges focus primarily on Mehanna’s conspiracies and attempt “to . . .
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The Latest NSA Documents: A Summary

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Wednesday, October 30, 2013 at 3:00 PM

The latest cache of documents released by the DNI does not contain any explosive new revelations. Unlike previous releases, it does not show big problems under either Section 215 or Section 702 that produced FISC litigations over months to resolve. They are, to put it mildly, pretty weedy. That said, there is important information in . . .
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Update in NYT v. Department of Justice

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Saturday, October 12, 2013 at 3:49 PM

Here is a quick update in New York Times v. Department of Justice.  That’s the Second Circuit case regarding the DOJ’s responses to Freedom of Information Act requests, filed by the New York Times and American Civil Liberties Union and seeking documents relating to the government’s targeted killing program. At oral argument, Judge José Cabranes had ordered . . .
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Oral Argument Recap: NYT & ACLU v. United States

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Wednesday, October 2, 2013 at 6:18 AM

Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issues at play as it did digging into the substantive questions in the case. As noted in our preview post, the Times and . . .
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Oral Argument Preview: NYT & ACLU v. United States

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Monday, September 30, 2013 at 11:55 AM

A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted killing program. The American Civil Liberties Union (ACLU) and the New York Times are challenging the District Court for the Southern District of New . . .
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