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Tag Archives: Department of Justice

DOJ Releases 38 Redacted Documents Regarding NSA’s Email Metadata Collection

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Monday, August 11, 2014 at 10:40 PM

New on the DNI’s Tumblr site, IC on the Record: on August 6, and in response to a FOIA request, the Department of Justice released a slew of newly declassified, redacted documents related to the National Security Agency (NSA)’s bulk collection of electronic communications metadata.  Such collection, though now discontinued, was conducted pursuant to  Section 402 . . .
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On the CIA Inspector General’s Findings

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Friday, August 1, 2014 at 7:12 AM

I have largely refrained, until now, from wading into the dispute between the Senate Intelligence Committee and the CIA over the mutual hacking allegations, on the theory that the facts were all contested and I couldn’t make heads or tails of what had really happened. That changed yesterday with the release of a summary of . . .
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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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DOJ Releases Three Redacted FISC Telephone Metadata Orders

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Wednesday, July 9, 2014 at 6:12 PM

From the Office of the Director of National Intelligence’s Tumblr site, we learn today that on Tuesday, the Department of Justice released three redacted primary orders of the Foreign Intelligence Surveillance Court (“FISC”) from 2009—all three authorizing collection, from telecommunications companies, of telephony metadata under 50 U.S.C. 1861. Here are the orders: FISC Docket Number BR . . .
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DOJ’s Summary of the Charges in the Chinese Economic Cyberespionage Case

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Monday, May 19, 2014 at 10:55 AM

A remarkable development out of a grand jury in the Western District of Pennsylvania: five named members of the Chinese military have been indicted for economic cyberespionage.  Details from the DOJ press release follow: WASHINGTON—A grand jury in the Western District of Pennsylvania (WDPA) indicted five Chinese military hackers for computer hacking, economic espionage and . . .
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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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