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Tag Archives: Daniel Klaidman

Neal Katyal on a Drone “National Security Court” Within the Executive Branch

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Thursday, February 21, 2013 at 8:49 PM

Former Obama administration Acting and Deputy Solicitor General Neal Katyal has an interesting op-ed today in the NYT that criticizes the idea of an Article III “drone court” and proposes instead a “National Security Court” inside Article II in which expert lawyers “represent both sides” of the issue, “a panel of the president’s most senior national . . .
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Klaidman’s Chronology of Changes to Drone Strike Procedures

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Monday, February 4, 2013 at 6:57 PM

Daniel Klaidman, author of the indispensible Kill or Capture (providing an inside glimpse into the evolution of the Obama administration’s approach to counterterrorism in its first few years), today posted this profile of John Brennan in advance of his upcoming confirmation hearing.  The piece is very useful for those seeking to understand the particulars of how . . .
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Lethal Force Beyond the Battlefield: The Post’s “Playbook” Article

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Monday, January 21, 2013 at 6:21 PM

The Post ran an important story on Saturday, building on its earlier reporting concerning the development of a “disposition matrix” and other tools for the management of the counterterrorism enterprise.  The new piece is by Greg Miller, Ellen Nakashima, and Karen DeYoung, and its main thrust is to report that we are nearing the culmination . . .
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Coll on Al-Aulaqi and Targeted Killing

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Thursday, August 2, 2012 at 2:39 PM

Over at the New Yorker blog, Steve Coll has this post on the al-Aulaqi operation, and on related reporting in Dan Klaidman’s Kill or Capture.  Coll focuses on capture’s infeasibility, one of the conditions that reportedly must be satisfied before the government will use lethal force against an American terrorist abroad: Klaidman’s reporting suggests the . . .
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The Aulaqi-Khan Suit: Some Initial Thoughts

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Wednesday, July 18, 2012 at 2:29 PM

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that plagued these groups’ earlier efforts to block prospectively the targeting of Anwar Al-Aulaqi. That case suffered from the basic jurisdictional problem that . . .
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Cohen and Judge Young On Bringing a Federal Court to GTMO for the 9/11 Case

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Monday, July 9, 2012 at 9:50 PM

Speaking of national security issues that seemed to have dropped off of the public’s radar screen, this headline beckons the reader to an article in The Atlantic, written by Andrew Cohen and posted over the weekend: Why not try Khalid Sheikh Mohammed by video? A noted terror trial judge has a bright idea on how . . .
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Proxy Detention in Somalia, and the Detention-Drone Tradeoff

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Friday, June 29, 2012 at 11:25 AM

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afghanistan – on its other counterterrorism policies.  I have long believed there must be some tradeoff between narrowing U.S. detention capabilities and other counterterrorism . . .
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Klaidman Post #3: An Irony

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Tuesday, June 12, 2012 at 4:51 AM

A correspondent who prefers to remain anonymous point out the following irony. In my recent post on Dan Klaidman’s book, I quoted the following passage: The discussion continued for close to two hours, with Obama often asking pointed questions and occasionally interjecting legal and tactical points of his own. There was one issue he was . . .
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Leak Investigations in the Digital Era

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Monday, June 11, 2012 at 9:29 AM

Paul makes a good point that digital technology and data analytics make it easier for the government to track journalists’ movements and ascertain the persons in government with whom they communicate.  Charlie Savage makes the same point in his story yesterday on the leak investigations: “[I]t is easier today than in earlier eras to build a circumstantial case that . . .
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Klaidman Post #2: On Leaks and Officialdom

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Sunday, June 10, 2012 at 7:39 PM

Jack has already posted, while I was in transit, Dan Klaidman’s account of the White House’s sponsoring of leaks in connection with the Baitullah Mehsud drone strike. The full account reads as follows: When they finally took Mehsud out in August 2009, [White House Chief of Staff Rahm] Emanuel celebrated. He had a hawkish side . . .
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Klaidman Post #1: Where that March 13 Brief Came From

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Sunday, June 10, 2012 at 4:37 AM

Memo to Eric Holder and President Obama: Next time you decide to break big news on a Friday afternoon, can you please check with me to make sure I’m not getting on a 24 hour flight first? It seemed like a quiet Friday afternoon when I left Dulles for Singapore. By the time I arrived, . . .
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What is the Scope of the Leak Investigations?

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Saturday, June 9, 2012 at 6:51 AM

The scope of the leak investigations announced by Attorney General Holder yesterday remains unclear.  Holder appointed U.S. Attorneys Ronald Machen and Rod Rosenstein to “direct[]separate investigations currently being conducted by the FBI.”  But he did not say what those investigations are about, and there have been so many leaks in recent weeks that the matter . . .
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President Obama’s Non-Credible Statement on Leaks

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Friday, June 8, 2012 at 4:18 PM

President Obama, today, on the possibility of leaks from the White House: The notion that the White House would purposely release classified national security information is offensive, it’s wrong, and people, I think, need to have a better sense of how I approach this office and how the people around me approach this office .  . . . .
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Klaidman on KSM’s Incriminating Statements and the 9/11 Trial

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Wednesday, June 6, 2012 at 6:15 PM

The Associated Press, via Fox News, has another intriguing excerpt from Dan Klaidman’s Kill or Capture: The War On Terror And The Soul Of The Obama Presidency.  The book is shaping up to be a must-read for the Lawfare faithful. Consider this tidbit regarding evidence in the 9/11 case.  It turns out that KSM had made a number . . .
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Targeting, “Kill Lists”, and Congress

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Thursday, May 31, 2012 at 10:28 AM

In all the last two days’ coverage of the Obama administration’s targeting program — including this lengthy NYT piece, Dan Klaidman’s book excerpt, and today’s NYT editorial — there’s a remarkable lack of discussion of Congress.  (As far as I could tell, the NYT piece mentions Congress only in relation to detention issues, and the . . .
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Drone Stories, the Secrecy System, and Public Accountability

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Thursday, May 31, 2012 at 8:03 AM

Both the NYT Becker-Shane “Kill List” story and the Klaidman book excerpt have implications for the pending ACLU FOIA suit in CADC, which seeks CIA records on CIA drone strikes.  (It also has implications for the broader ACLU FOIA case in SDNY, but I set those aside here.)  The story and the excerpt are based . . .
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Dan Klaidman on “How Obama Learned to Kill”

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Wednesday, May 30, 2012 at 6:43 AM

Yesterday, I linked to this article in the New York Times on the development of Obama’s counterterrorism policies. I did not know when I posted it that my old colleague, Dan Klaidman, had a book excerpt out the same day. Raffaela linked yesterday to this incredible story in Newsweek/The Daily Beast, but I thought I would flag . . .
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Thoughts on Stephen Preston’s Harvard Speech

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Wednesday, April 18, 2012 at 10:51 AM

How should we understand CIA General Counsel Stephen Preston’s speech at Harvard Law School the other day? It is not, like earlier speeches by senior administration lawyers and counterterrorism officials, an effort to spell out the legal framework in which the United States conducts its covert actions. So, in my view at least, the wrong . . .
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Dan Klaidman on Stephen Preston’s Harvard Speech

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Monday, April 16, 2012 at 11:22 PM

My old colleague Daniel Klaidman from days of yore at Legal Times writes in with a guest post on CIA General Counsel Stephen Preston’s speech at Harvard Law School. Klaidman, now of Newsweek and the Daily Beast is the author of the forthcoming book, Kill or Capture:  The War on Terror and the Soul of the . . .
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Jack’s Daily Beast Interview

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Thursday, April 5, 2012 at 7:12 AM

Yes, yes, I know: Jack was on the Daily Show last night–and I wasn’t. We’ll have video up as soon as it’s available. In the meantime, here’s an interview Jack did with my old colleague Dan Klaidman, with whom I was a cub reporter once upon at time at Legal Times.