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Posts by Nick Basciano

The Week That Was: All of Lawfare In One Post

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Saturday, January 4, 2014 at 10:00 AM

Reviewing the Reviewers:  The President’s Review Group report continues to inspire debate. Carrie Cordero gave a thoughtful three-part analysis of the Report: Part I looked at the Review Group’s process and asked if it was adequately thorough; Part II discussed the theme of intelligence reform that the Report seemed to embrace; and Part III found the diamond . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, December 28, 2013 at 10:00 AM

Continuing coverage of the President’s Review Group Report: Ben posted a detailed two-part (so far) analysis in which he separates “the good from the bad, and both from the unimportant” in the Review Group’s recommendations. Michael Leiter wrote in to help us digest the “concrete effects” of the report, not just the sound bytes. Raffaela posted a detailed . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, December 21, 2013 at 10:00 AM

Who’s Ringo? This week District Court Judge Richard Leon’s strong rebuke of bulk telephony metadata collection in Klayman v. Obama stole the headlines—from dismissing Smith v. Maryland as excessively antiquated to using a Beatles analogy (that, ironically, is even older than Smith), the opinion has triggered dramatic responses from all corners. Raffaela boiled down the decision to the essential points. Paul posted his initial impressions . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, December 14, 2013 at 10:00 AM

Let’s start with Guantanamo: This year’s NDAA has taken its final form, and Raffaela posted an initial summary of the provisions germane to detention. Ben linked us to the full text of the bill once it came online and then explained why we should view the Guantanamo provisions as a “big win for the Obama . . .
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Today’s Headlines and Commentary

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Thursday, December 12, 2013 at 1:50 PM

In what the New York Times is calling a “major step towards transparency,” Defense Secretary Chuck Hagel publicly acknowledged the presence of U.S. forces at the Combined Air and Space Operations Center at Al Udeid air base in Qatar. The base is the main location for tasking and operating the U.S. military’s vast fleet of . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, December 7, 2013 at 11:00 AM

Detention:  In Ali v. Obama the D.C. Circuit denied Abdul Razak Ali’s habeas appeal. Raffaela gave a full summary of the Court’s decision, and Steve discussed whether the concurring opinion of Judge Edwards suggests that post-Boumediene jurisprudence has made habeas review of this sort “functionally useless.” Ben looked at Judge Edwards’ concurring opinion to show why Judge Edwards’ conclusion may have more to do with procedural . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, November 23, 2013 at 10:00 AM

NOCON//REL TO ALL:  Director of National Intelligence James R. Clapper declassified a trove of documents pertaining to pen register/trap-and-trace (PR/TT) collection pursuant to section 401 of FISA and business record (BR) collection pursuant to section 501 (as amended by section 215 of the PATRIOT Act). Included are 20 FISC orders and opinions, 11 documents submitted to the Court, 24 documents addressed . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, November 16, 2013 at 8:35 AM

Life, Liberty, and the pursuit of Privacy—worldwide privacy, that is: Last week Just Security’s David Cole argued for the existence of a global right to privacy, a claim to which Orin Kerr disagreed on this site. This week, Ben wondered what a global right to privacy would look like and how it might conflict with . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, November 9, 2013 at 7:42 AM

FISA reform took center stage this week: Raffaela gave us a detailed and elucidating tour of the relevant legislative plans, players, and issues. While the two main proposals share some common ground, Ben discussed the fundamental disagreement on the issue of bulk metadata collection and the potential legislative stalling-power such divergence holds. We linked to C-SPAN coverage . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, November 2, 2013 at 7:28 AM

This week, Ben welcomed three truly remarkable additions to Lawfare: Orin Kerr, Gabriella Blum, and Ingrid Wuerth. Public scrutiny of espionage continued as the digital transformation of a once cloak-and-dagger spy game became more visible. Ingrid discussed legal matters for foreigners spying under the guise of diplomatic status, perhaps a simpler matter to address than the German . . .
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The Week That Was: All of Lawfare In One Post

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Saturday, October 26, 2013 at 10:00 AM

This week, the uglier side of the U.S. targeted killing program received a few careful reviews: Ritika noted the release of two reports on drone strikes, one by Amnesty International and another by Human Rights Watch. Ben commented on what he saw as the strengths and weaknesses of each report, highlighting both their acknowledged limitations and . . .
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