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Category Archives: Miscellaneous

Hard Financial Crisis Choices

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Thursday, May 21, 2015 at 2:05 PM

Providing physical security to its citizens is undoubtedly the core function of the state. As readers of Lawfare well know, it is hard work to figure out how that security function should be reconciled with sometimes-conflicting imperatives of legal process, constitutional separation of powers, and transparent and accountable government. Especially challenging is the question of how . . .
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On the Restoration of Aid to Egypt

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Friday, May 15, 2015 at 2:12 PM

Combat operations against ISIS, civil war in Syria, and nuclear negotiations with Iran have crowded out coverage of another important development that factors prominently in America’s Middle East strategy: the changing status of military aid to Egypt. Although the U.S. has consistently supplied Egypt with F-16 fighter jets and M1A1 Abrams tanks for decades, the . . .
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Spokeo and National Security/Foreign Relations Law – Especially Zivotofsky

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Friday, May 1, 2015 at 3:02 PM

The Supreme Court recently granted certiorari in Spokeo v. Robins, a Fair Credit Reporting Act case which might appear to have little connection to national security and foreign relations law.  But the case is about standing, in particular Congress’s power to confer standing on private parties who do not suffer an injury-in-fact but have been . . .
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On Palestine’s Decision to “Hold Off” on Referring the Situation in Palestine to the ICC

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Thursday, April 2, 2015 at 2:30 PM

Yesterday there was a small ceremony at the International Criminal Court to mark Palestine becoming the 123rd State Party to the Rome Statute.  For all the attention this event received, what might ultimately be more interesting is what did not happen yesterday. Despite earlier indications that it would, Palestine did not file an article 14 . . .
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The Zero Dark Thirtieth Birthday Cake

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Tuesday, March 31, 2015 at 5:14 PM

From the baker of hard national security choices, who once brought you the “drone strike cake“—called “notorious” by Rolling Stone magazine—it’s the Zero Dark Thirtieth Birthday Cake:

Does the Supreme Court Follow the Recommendation of the Solicitor General in Foreign Relations Cases in which the Court has issued a CVSG?

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Sunday, March 22, 2015 at 3:30 PM

Sometimes when making a decision whether to grant a petition for a writ of certiorari in a case to which the United States is not a party, the Supreme Court formally issues a “call for the view of the Solicitor General” (CVSG).   The Solicitor General responds with a brief arguing that certiorari be granted (or . . .
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It Is Pi Day — 3.14.15 @ 9:26:53

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Saturday, March 14, 2015 at 9:23 AM

Happy Pi Day

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Friday, March 13, 2015 at 4:22 PM

Tomorrow — 3.14.15 @ 9:26:53.  Enjoy the moment …. we shall not see its like again.

Radiolab Episode on Japanese Balloon Bombs

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Wednesday, March 11, 2015 at 10:15 AM

This is an excellent bit of radio about one of the weirder forms of attack during World War II—the only one I know of that produced casualties in the continental United States: balloon bombing. I had heard about this initiative before, but this report is, true to Radiolab standards, a really informative and interesting piece. . . .
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Call for Participants: The 8th Annual National Security Law Workshop

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Friday, February 27, 2015 at 1:00 PM

I’m very happy to announce the call for proposals and attendees for the 8th Annual National Security Law Workshop, which will take place in Houston on May 14th and 15th this spring. Geoff Corn and I are co-hosting once more, and as in the past the event is co-sponsored by the International Committee of the . . .
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Great Harvard National Security Journal Issue

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Monday, February 9, 2015 at 9:03 AM

The Harvard National Security Journal just published an unusually good issue that will be of interest to many Lawfare readers. The piece I have read most carefully is Intelligence Legalism and the National Security Agency’s Civil Liberties Gap by Margo Schlanger of the University of Michigan Law School.  She argues that the post-Church hyper-legalization (my . . .
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Live: Susan Rice Outlines 2015 National Security Strategy at Brookings

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Friday, February 6, 2015 at 12:50 PM

At the top of the hour, the Brookings Institution will host US National Security Adviser Susan Rice for the launch of President Obama’s National Security Strategy, which was released earlier today. During the event, NSA Rice will outline the president’s foreign policy vision and priorities. This is the first National Security Strategy to be released from . . .
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Obama Says Terrorism Is Not an Existential Threat

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Monday, February 2, 2015 at 12:00 PM

In an interview this week, President Obama said that terrorism does not pose an existential threat: What I do insist on is that we maintain a proper perspective and that we do not provide a victory to these terrorist networks by overinflating their importance and suggesting in some fashion that they are an existential threat . . .
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National Security Issues Discussed at Yesterday’s AG Confirmation Hearing

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Thursday, January 29, 2015 at 8:19 PM

Yesterday, the Senate Judiciary Committee began the first of two day-long hearings on the nomination of Loretta Lynch to be the next Attorney General of the United States. (Transcript-enhanced video can be seen via CSPAN here and here.) While much of the exchanges between the Senators and the nominee focused on things like the constitutionality of President Obama’s executive actions on . . .
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Netanyahu’s Foolish Speech

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Thursday, January 22, 2015 at 2:59 PM

Yesterday, Speaker John Boehner announced that Israeli Prime Minister Benjamin Netanyahu had accepted his invitation to address a joint session of Congress. In what reporters are calling “breach of protocol,” the White House appears to have been blindsided, receiving notification only shortly before the news became public. The decision to invite Netanyahu for a speech . . .
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You Are a Lawyer in the Executive Branch

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Wednesday, January 21, 2015 at 8:24 PM

Correspondence finds its way into your inbox, bearing the signature of the newly-installed Chairman of the Senate Select Committee on Intelligence, Senator Richard Burr. His letter (per today’s New York Times) last week was sent to the White House, and sets forth an unusual request: In it Senator Burr allegedly asks “the executive branch” to return all copies of . . .
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The French Response to Terror: Counterterrorism Detention and Prosecutions Across the Atlantic

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Wednesday, January 21, 2015 at 12:15 PM

In the aftermath of the Paris terror attacks on Charlie Hebdo and a kosher grocery, Western European security forces unleashed a dizzying storm of arrests and prosecutions and announced “exceptional” new measures to combat terrorism. In the space of just a few days, dozens of suspects were detained in Belgium, France and Germany, many of whom were questioned for days without . . .
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What David Cameron Doesn’t Get

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Tuesday, January 20, 2015 at 10:30 AM

Last week British Prime Minister David Cameron gave an extraordinary speech in which he urged the the banning of private communications, that is communications to which the government could not listen into when legally authorized to do so. Cameron is not the first government official to do so; GCHQ Director Robert Hannigan urged the same . . .
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Law Enforcement as a Counterterrorism Tool

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Monday, January 12, 2015 at 10:39 AM

As I read the exchange between Bryan, Wells and Jack about law enforcement versus military methods of dealing with terrorism, I was reminded of a speech I gave at the Brookings Institution in 2010, which was later turned into an article.  And, perhaps not surprisingly, I found that I continue largely to agree with myself, . . .
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On War and Crime

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Saturday, January 10, 2015 at 12:00 PM

Yesterday at Lawfare, Bryan Cunningham sought to breathe new life into the “military versus law enforcement” debate over terrorism, along the way deeming the horrific assaults in Paris to be “consequences” of France’s police-centric strategy. He thus finds fault with the current counterterrorism regime generally, and invites others to join in a broader discussion about . . .
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