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Tag Archives: Department of Justice

Hunger-Striker Hassan Files Motion to Intervene in Aamer v. Obama

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Monday, November 4, 2013 at 6:00 PM

As promised by petitioners in their filing last week, and in response to the government’s letter to the court suggesting that their case is moot: Guantanamo detainee Imad Abdullah Hassan today moved to intervene in Aamer v. Obama, the force feeding case on appeal in the D.C. Circuit. Unlike the three original petitioners, Hassan is still . . .
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Not Moot: Detainees Respond to DOJ Letter in Aamer v. Obama

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Wednesday, October 30, 2013 at 10:00 AM

We noted Sunday that the Justice Department filed a letter in the force-feeding case Aamer v. Obama last week informing the D.C. Circuit that the four detainees are no longer designated hunger-strikers. On Monday petitioners filed a response rejecting the government’s suggestion that the case is moot: Respondents have a long history of seeking under the . . .
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Is the Supreme Court Likely to Rule on FISA Section 702?

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Tuesday, October 29, 2013 at 7:00 AM

The Justice Department recently changed its policy on notice to criminal defendants about the use of evidence derived from surveillance under Section 702 of FISA. Press reports have treated the change as momentous, with the New York Times and the Associated Press predicting that the new policy will likely lead to a Supreme Court case . . .
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No Longer Hunger-Strikers: DOJ Files Letter in Aamer v. Obama

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Sunday, October 27, 2013 at 12:00 PM

On Thursday the Justice Department filed a letter notifying the D.C. Circuit that none of the four Guantanamo detainees protesting government force-feeding in Aamer v. Obama are any longer designated hunger-strikers. Nabil Hadjarab was transferred to Algeria in August; the other three have had their designation as hunger-strikers “removed” over the last three months. Most recently, Jihad Dhiab’s . . .
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U.S. Notifies Criminal Defendant of Its Intention To Use FISA Information Against Him

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Saturday, October 26, 2013 at 5:06 PM

In what could be a consequential move, federal prosecutors this week informed a man accused of providing material support to the Islamic Jihad Union (“IJU”) that they intend to “offer into evidence or otherwise use or disclose in proceedings [against him] … information obtained or derived from” intelligence collection conducted under Section 702 of FISA. The 2011 complaint filed . . .
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More FISC Details: Between July 1 and September 30, 24.4% of FISC Applications Saw Substantive Changes

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Tuesday, October 15, 2013 at 10:11 AM

In July, the Foreign Intelligence Surveillance Court undertook to collect more detailed statistics than those required by the Foreign Intelligence Surveillance Act.  Among other things, the latter calls for an annual tally of surveillance applications made, and a tally of those granted, modified, or denied.  Of course, each year, over 99% of U.S. submissions made . . .
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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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Congress is Still Naked

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Thursday, September 19, 2013 at 12:03 AM

Our piece last night summarizing the just-released FISC opinion on Section 215 bulk metadata collection unleashed a storm of protest that caught us a little by surprise. In particular, Marcy Wheeler (aka emptywheel) went medieval on our repetition of FISC Judge Claire Eagan’s suggestion that a 2011 report the administration sent to Congress on bulk . . .
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John Carlin nominated to be Assistant Attorney General – National Security Division

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Tuesday, September 10, 2013 at 11:06 PM

Congratulations to John Carlin, who has been serving as the acting head of NSD since this past March.  From the White House comes the formal announcement of his nomination: THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE September 10, 2013 President Obama Announces More Key Administration Posts WASHINGTON, DC – Today, President . . .
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Where is the Law of War Manual? Here!

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Friday, July 26, 2013 at 8:31 AM

I’ve developed a bit of a backlog of things to post–a regrettable function of a crushing work volume in some of my various other lives and the fact that Lawfare, as it grows, requires more and more day-to-day management, which does tend to pull me away from actually writing for the site. I will try to . . .
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ATS/TVPA Suit Against Former Mexican President Zedillo Dismissed Based on U.S. Suggestion of Immunity

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Wednesday, July 24, 2013 at 9:45 AM

On Monday, Judge Michael Shea of the District of Connecticut dismissed an ATS and TVPA suit against former Mexican President Ernesto Zedillo based on a Suggestion of Immunity filed by the Justice Department last September.  The suit had been filed by families of Mexican civilians killed in a 1997 massacre during the Zapatista uprising, alleging . . .
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Justice Department Urges Supreme Court to Reverse Ninth Circuit in Bauman v. DaimlerChrysler

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Friday, July 12, 2013 at 5:41 PM

Last Friday afternoon, while many people were enjoying a long July 4th weekend, the Obama Administration quietly filed a remarkably strong amicus brief  urging the Supreme Court to reverse the Ninth Circuit’s decision in Bauman v. DaimlerChrysler.  The Justice Department argued that the Ninth Circuit’s 2011 decision finding personal jurisdiction in California over Daimler AG, a . . .
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Bleg: Liberty Reserve and “Cloud Based Servers”

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Wednesday, May 29, 2013 at 12:49 PM

As many of you might have read, the Department of Justice announced a large scale money-laundering indictment against Liberty Reserve yesterday.  I will have some analysis of this development (and the related demise of BitCoin) once I’ve had a chance to think this through some more — though the national security implications of a separate . . .
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Two Small Pieces of News from the Sunday Shows on Leaks

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Sunday, May 26, 2013 at 1:51 PM

Former Director of National Intelligence Dennis Blair ABC, speaking about how leaks from the top of the Obama administration set the tone for leaks further down that are subject of DOJ investigations: Martha Raddatz: “You’ve heard the press’s side there.  Admiral Blair, you were in the White House. The leak investigations have been quite intense . . .
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DOJ Crosses New Line in Leak Investigation of Fox News Correspondent James Rosen

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Monday, May 20, 2013 at 2:53 PM

A few years ago I wrote an op-ed that gave these reasons (among others) why the USG should not prosecute Julian Assange for the WikiLeaks disclosures of State Department cables: A conviction [of Assange] would also cause collateral damage to American media freedoms.  It is difficult to distinguish Assange or WikiLeaks from The Washington Post.  National security . . .
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CATO Event on Drones

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Monday, April 22, 2013 at 1:01 PM

Ben and Steve  are speaking on a panel at the CATO Institute entitled “Drones and the New Way of War” along with Rosa Brooks of Georgetown Law and Benjamin Friedman of CATO. The event will be moderated by Malou Innocent, also of CATO. The description and the livestream of the event, which runs from 1:00 – . . .
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National Security Investigations & Prosecutions, 2nd ed. (Vols. 1 & 2)

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Wednesday, April 10, 2013 at 1:21 PM

David S. Kris and J. Douglas Wilson’s second edition of National Security Investigations & Prosecutions is a necessary read, or at least necessary to have in your library, for just about anyone who practices, teaches, or writes about national security law.  Kris and Wilson offer what appears to be the country’s sole comprehensive treatise on . . .
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Opposition to the House Computer Fraud and Abuse Act (CFAA) Draft

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Tuesday, April 2, 2013 at 2:29 PM

Last week I noted that the House Judiciary Committee was  circulating a proposal to reform the Computer Fraud and Abuse Act that was mostly a wish list for the Department of Justice.  Yesterday a diverse group of organizations and individuals (of whom I was one) sent a letter to the Committee urging the Committee to . . .
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STOCK Act: NAPA Recommends Congress “Indefinitely Suspend” Requirement for Internet Posting of Financial Disclosure Forms

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Thursday, March 28, 2013 at 6:17 PM

Today, a National Academy of Public Administration (NAPA) task force released a report mandated by Congress on the risks posed by Section 11 of the STOCK Act, which would require Internet publication of the financial disclosure forms of 28,000 senior executive officials and flag officers.  The NAPA panel concludes that the risks of Internet publication outweigh any . . .
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Congress v. China on Cybersecurity

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Tuesday, March 26, 2013 at 5:44 AM

Stewart Baker points to a provision in Congress’s continuing resolution that is the first serious attempt I have seen to punish (as opposed to rail against) China for its cybersecurity practices.    Section 516 of what Stewart describes as “the continuing resolution that funds the federal government and is now awaiting the President’s signature” provides: Sec. 516. (a) None . . .
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