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Category Archives: Unfiled

Another Clue on Anwar Al-Aulaqi

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Wednesday, August 20, 2014 at 2:23 PM

A few weeks ago, I wrote a pair of posts analyzing where the notion of imminence comes from in the government’s thinking about targeted killing—and in David Barron’s OLC memo on the Al-Aulaqi strike. In one, I wrote: I am speculating, and I could well be wrong. But I think the source of law for imminence in . . .
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The Politics of War Powers in Iraq

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Wednesday, August 20, 2014 at 7:39 AM

The WSJ reports that the initial success of American airstrikes in Iraq is spurring a push for broader military engagement against the Islamic State (IS, or ISIS, or ISIL) in Iraq.  Our deepening military involvement in Iraq accentuates the dysfunctional politics of war powers that Julie Hirschfeld Davis writes about in the NYT.  President Obama . . .
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So Where Do War Powers Reports Come From?

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Tuesday, August 19, 2014 at 11:26 PM

Over the last nine weeks, President Obama has sent five war powers notices to Congress in what may be the most concentrated period of Presidential war powers reporting in history.  These notices include four notices regarding Iraq (on June 16 and June 30, and August 8 and 17) and one notice regarding Libya (on July 27). So, . . .
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The “Economist” On Lawfare Against the British Military

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Monday, August 18, 2014 at 2:23 PM

Last week’s Economist had an excellent article about lawfare against Britain’s Ministry of Defence relating to actions of the British military in Iraq and Afghanistan entitled “Lawyers to right of them, lawyers to left of them: The army increasingly feels under legal siege.”  The entire article is worth a read (especially by U.S. JAGs), but here are . . .
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The Internet Metadata Memo: A Summary

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Monday, August 18, 2014 at 11:45 AM

There is much to pore over in last week’s release by the Director National Intelligence. Responding to FOIA litigation, the DNI’s office posted more than thirty legal filings and related documents bearing on NSA’s historical, bulk collection of certain internet metadata—the addressing, routing, and header information in e-mails. Some of this stuff is old, including the . . .
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The Week that Will Be

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Monday, August 18, 2014 at 12:00 AM

Event Announcements (More details on the Events Calendar) Tuesday, August 19th at 12 pm: The Heritage Foundation hosts a conversation on  Philanthropy in Defense of Freedom. The panel will explore the history of philanthropic support for innovative defense technologies and areas where that investment is most needed. James Jay Carafano, Colonel Richard J. Dunn III, Dr. Daniel Goure, and . . .
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Article II and Iraq: Justifications for the Mosul Dam Operation in the WPR Notification

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Sunday, August 17, 2014 at 10:43 PM

In a very positive development, Iraqi and Pesh Merga forces are in the midst of what appears thusfar to be a successful joint operation to take back the Mosul Dam from ISIS fighters. But it’s not just the Iraqis and Kurds; the U.S. military has conducted 14 airstrikes in support of the operation. This prompted . . .
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