Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a … Read more »
Peter Margulies of Roger Williams School of Law writes in with the following comments on yesterday’s Clapper decision:
The Supreme Court’s decision Tuesday in Clapper v. Amnesty International reads at first like a substantial narrowing of standing doctrine. However, closer
As Wells reported, the Supreme Court issued its opinion in Clapper v. Amnesty International USA this morning. By a 5–4 vote, it held that a group of human rights organizations, lawyers, activists, and journalists lacked standing to challenge the … Read more »
There’s certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff’s “Headlines and Commentary” post for links). At the risk of being unintentionally … Read more »
As readers probably already know, the Senate ended an otherwise largely legislation-light 2012 by approving a controversial five-year extension of the FISA Amendments Act of 2008 (FAA), which the House had previously passed in September. President Obama signed the reauthorization … Read more »
Amid all the fiscal cliff hubbub, the Senate on Friday approved, and President Obama on Sunday signed, the inelegantly if accurately named “FISA Amendments Act Reauthorization Act of 2012.” The new law extends its predecessor, the FISA Amendments Act … Read more »
One important consequence of President Obama’s re-election will be the further entrenchment, and legitimation, of the basic counterterrorism policies that Obama continued, with tweaks, from the late Bush administration. We will have four more years of a Democratic president presiding … Read more »
I’ve been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We’re not going to have exit polls here, and this may well be the only time you see … Read more »
The President had this to say about issues of interest to readers of the blog:
Obama: There are some things that we haven’t gotten done. I still want to close Guantanamo. We haven’t been able to get that through Congress.
A big win for the government today in the Ninth Circuit, in a case exploring the impact of FISA’s civil liability provision (50 USC 1810) on sovereign immunity. In a panel opinion written by Judge McKeown and joined … Read more »
This Friday, I’ll be joining Benjamin Powell from WilmerHale (and formerly, inter alia, the General Counsel of the Office of the Director of National Intelligence) for a Federalist Society teleforum on Clapper v. Amnesty International–the lawsuit challenging the constitutionality … Read more »
I’ve gotten lots of helpful feedback both on- and offline re: yesterday’s post on Clapper v. Amnesty International, and wanted to write in a bit more detail about (my understanding of) the foreign intelligence surveillance exception to the Fourth … Read more »
In light of the Supreme Court’s grant of certiorari yesterday to review the Second Circuit’s decision in Clapper v. Amnesty International, I thought I’d put together a background post trying to explain why, in my view, Clapper is such … Read more »
Ben noted the non-action on the cert. petitions in the Guantanamo cases (which probably means either that the Justices aren’t sure what to do, or that someone is publishing a dissent from the decision to deny certiorari). The one case … Read more »
I’ve now had more of a chance to read through Judge Forrest’s decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 National Defense Authorization Act. … Read more »
As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court’s nine Justices are set to review at their Conference this Friday. I just thought I’d flag it here because two of … Read more »
Friday afternoon, the Obama Administration filed a cert. petition in Clapper v. Amnesty International, the constitutional challenge to 50 U.S.C. § 1881a (added by the FISA Amendments Act of 2008), which authorizes “the targeting of persons reasonably believed to … Read more »
As Raffaella mentioned earlier, the Ninth Circuit released three opinions on Thursday relating to class action litigation against the government and major telecommunications companies (AT&T, Verizon, etc.) for the warrantless wiretapping program conducted by the National Security Agency (NSA) under … Read more »
That is the title that the editors of the New York Times Magazine gave to an essay I wrote in reaction to former Vice-President Cheney’s book, In My Time. The thrust of the essay is that early Bush unilateralism was … Read more »
Judging from his new book, In My Time, former Vice President Dick Cheney probably won’t be participating in the Lawfare 10th Anniversary Project, which is devoted to acknowledging error and second thoughts. But judging from the commentary on … Read more »
Josh Gerstein of Politico is reporting:
The Justice Department is warning a federal appeals court not to disclose classified information about the National Security Agency’s domestic surveillance programs during upcoming arguments on a lawsuit challenging the NSA’s effort.
Three
It isn’t every day that a representative of the National Security Agency gives a public speech on the agency’s understanding of “Protecting Civil Liberties in a Cyber Age.” So I thought I would take good notes for Lawfare readers on … Read more »
Friday, May 17, 2013
The Department of Justice’s Inspector General released an interim report on the Department’s handling of “known or suspected” terrorists who have entered the government’s witness protection program. The report found, among other things, that information on some program participants had not been turned over to no-fly list authorities; and, that two such people could not be located—though one… Read more »
