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Tag Archives: Anwar al-Awlaki

More Machinations in Second Circuit Targeted Killing FOIA Litigation

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Thursday, July 24, 2014 at 2:02 PM

The release last month of the Al-Aulaqi Office of Legal Counsel memo, it turns out, was not the end of the Second Circuit litigation regarding the New York Times and ACLU’s FOIA requests for information on the government’s targeted killing programs. A petition for rehearing en banc is still pending. And yesterday, the Justice Department, the Pentagon, and . . .
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Whence Imminence in that Drone Memo? A Puzzle and a Theory

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Tuesday, June 24, 2014 at 11:19 AM

On May 27, a unanimous Supreme Court—to little notice from just about anyone—handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a high-speed car chase. Donald Rickard had led police in Arkansas on a highway chase, at the end of which officers shot him and . . .
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Second Circuit Releases Redacted OLC Drone Memo

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Monday, June 23, 2014 at 3:07 PM

The Second Circuit has just released a redacted version of the OLC Drone Memo–here is the memo; here is the panel’s full, revised April 21, 2014 decision with the memo appended at page 67. You’ll recall that back in April, a three-judge panel (comprising Judges Newman, Cabranes and Pooler) reversed a lower court decision dismissing the ACLU’s suit for release . . .
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David Barron, Targeted Killing, and Rand Paul’s Wrongheaded Oped

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Monday, May 12, 2014 at 8:10 AM

“I believe that killing an American citizen without a trial is an extraordinary concept and deserves serious debate,” writes Sen. Rand Paul in an oped in the New York Times this morning. “I can’t imagine appointing someone to the federal bench, one level below the Supreme Court, without fully understanding that person’s views concerning the extrajudicial . . .
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The Al-Awlaki Decision: No Triumph for Transparency?

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Thursday, April 24, 2014 at 7:37 AM

On Monday, a three-judge Second Circuit panel ordered the Obama administration to disclose a redacted copy of the Office of Legal Counsel memorandum outlining its legal justification for the targeted killing of New Mexico-born Anwar al-Awlaki. The decision is being cast as a triumph for transparency, and a clear admonition of presidential secrecy with respect to . . .
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Order to Release the OLC Targeted Killing Memo: A Summary

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Monday, April 21, 2014 at 3:08 PM

As Ben noted this morning, the Second Circuit has ordered the release of a redacted version of the OLC memorandum that justified the targeted killing of U.S. citizen Anwar al-Awlaki. Specifically, the three-judge panel has ordered the government to disclose redacted versions of the requested memoranda on the legal status of targeted killings generally and of . . .
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Reactions to Stories on Possible New U.S. Citizen Strike

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Tuesday, February 11, 2014 at 7:18 AM

Some thoughts on this morning’s drone strike news (NYT, WSJ). The NYT says that President Obama’s announcement last May of an intention “to gradually shift drone operations from the C.I.A. to the Pentagon” was designed in part “to make them more transparent.”  The theory, I think, was that CIA strikes are covert and cannot be . . .
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A Proposal for Targeted Killing Oversight by Ex-AG Alberto Gonzales, and a Response by Steve

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Tuesday, February 4, 2014 at 10:01 AM

Here are two quite recent papers, both of obvious interest to Lawfare readers.  The first, entitled “Drones: the Power to Kill,” was penned by former Attorney Alberto Gonzales.  Among other things, Gonzales recommends oversight procedures for targeted killings of American citizens.   The second piece is a response to Gonzales’ article, by our own Steve . . .
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Dirty Wars: The World is a Battlefield

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Sunday, November 3, 2013 at 9:04 PM

Dirty Wars: The World is a Battlefield by Jeremy Scahill—the activist-turned journalist previously known for his exposé of the military contractor formerly known as Blackwater—is a bad book. But it’s a bad book with a significantly redeeming feature. Scahill’s project is to depict the “dark side” of what he considers to be America’s unrestrained pursuit of security . . .
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Update in NYT v. Department of Justice

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Saturday, October 12, 2013 at 3:49 PM

Here is a quick update in New York Times v. Department of Justice.  That’s the Second Circuit case regarding the DOJ’s responses to Freedom of Information Act requests, filed by the New York Times and American Civil Liberties Union and seeking documents relating to the government’s targeted killing program. At oral argument, Judge José Cabranes had ordered . . .
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