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Category Archives: Unfiled

Remembering Dan Meltzer

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Wednesday, May 27, 2015 at 7:53 AM

I want to add briefly to Jack’s note and pay tribute to Dan Meltzer, who died Sunday.  I had the privilege of working with Dan when he served as Deputy White Counsel under President Obama and then as a member of the President’s Intelligence Advisory Board. Dan tackled head-on some of the most difficult and consequential . . .
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Daniel Meltzer, R.I.P.

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Tuesday, May 26, 2015 at 5:29 PM

My colleague and friend Dan Meltzer passed away Sunday night after a long battle with cancer. Here is what Dean Martha Minow wrote: Colleagues, it is with profound sadness that I write to let you know that Dan Meltzer, our beloved friend, teacher, and colleague, has passed away.  No one has better exemplified the highest . . .
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DOJ’s Inspector General Releases New Review of FBI Use of Section 215 Orders

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Thursday, May 21, 2015 at 2:27 PM

The Office of the Inspector General of the U.S. Department of Justice has released a new unclassified report reviewing the FBI’s use of Section 215 orders from 2007 through 2009. Specifically, the review examines the progress of the Department and the FBI in addressing the three recommendations in the OIG’s March 2008 report: that the . . .
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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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Cyberwar, Surveillance and Security MOOC

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Thursday, May 21, 2015 at 5:59 AM

The University of Adelaide has a free new MOOC called Cyberwar, Surveillance and Security that is taught by Melissa de Zwart, Dale Stephens, and Rebecca LaForgia.   The web page and registration can be found here. And here is a teaser introduction to the MOOC, which contains brief statements from some of the experts who participate, including . . .
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Some Domestic and International Law Questions Raised by the Abu Sayyaf Raid

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Saturday, May 16, 2015 at 1:40 PM

Today’s White House statement about last night’s spectacular Special Operations raid into Syria states that “This operation was conducted with the full consent of Iraqi authorities and, like our existing airstrikes against ISIL in Syria, consistent with domestic and international law.” However, the raid raises complicated questions about the domestic and international law basis both . . .
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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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Settle Syrian Refugees in Detroit

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Friday, May 15, 2015 at 6:41 AM

I love this idea, floated today in  New York Times oped by David D. Laitin and Marc Jahr. It’s smart, doable, and a constructive, out-of-the-box approach to two distinct disasters: Detroit, a once great city, has become an urban vacuum. Its population has fallen to around 700,000 from nearly 1.9 million in 1950. The city is estimated to . . .
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My Speech at ODNI Legal Conference: “Toward Greater Transparency of National Security Legal Work”

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Tuesday, May 12, 2015 at 8:30 AM

I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6.  The speech was entitled Toward Greater Transparency of National Security Legal Work.  The main question I addressed was: “How should [the intelligence community]  think about and react to the government’s growing inability to keep secrets?”  I . . .
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A Further Note on the Second Circuit, the DC Circuit, and Section 215

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Monday, May 11, 2015 at 8:53 AM

On Saturday, in writing about the Second Circuit’s 215 decision, I mentioned the DC Circuit’s pending Klayman case and its capacity to throw a wrench into the current debate: “Yes, it is possible—likely, even—that the D.C. Circuit will disagree with the Second Circuit, and that the meaning of 215 will thus be ultimately subject to the . . .
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