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Tag Archives: FISA

U.S. Government Talking Points on the Leaked FISA Court Order

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Thursday, June 6, 2013 at 9:30 AM

Over at The Week, Marc Ambinder shares the following from a senior government official regarding the leaked FISA Court order for Verizon. These are, according to Ambinder, the official talking points crafted by the National Security Council and the … Read more »

Thoughts on a Blue-Sky Overhaul of Surveillance Laws: Introduction

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Saturday, May 18, 2013 at 11:00 AM

[Editor's Note: This is the first in a series of four posts, in which David S. Kris discusses the possibility of wide-ranging reform to U.S. surveillance law.] 

A paper I wrote for Ben Wittes a few years ago discussed … Read more »

Carrie Cordero on Questions to Ask After the Boston Attacks

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Sunday, April 28, 2013 at 3:00 PM

Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with this piece on the Boston attacks and possible improvements to our approach to counterterrorism:

If the recent news reports are accurate (a

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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 … Read more »

Jeh Johnson Speech on “A ‘Drone Court’: Some Pros and Cons”

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Monday, March 18, 2013 at 9:30 AM

Former Pentagon General Counsel Jeh Johnson is, at this hour, giving this speech at Fordham Law School in New York:

Keynote address at the Center on National Security at Fordham Law School: 

A “Drone Court”: Some Pros and Cons

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NSA General Counsel Rajesh De Speech at Georgetown

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Friday, March 1, 2013 at 1:42 PM

NSA General Counsel Rajesh De gave the following address at Georgetown Law School on Wednesday:

Remarks of

Rajesh De, General Counsel, National Security Agency

Georgetown Law School, February 27, 2013

(as prepared for delivery)

Thank you for the introduction and

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Clapper Opinion Recap: Supreme Court Denies Standing to Challenge NSA Warantless Wiretapping

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Tuesday, February 26, 2013 at 9:17 PM

As Wells reported, the Supreme Court issued its opinion in Clapper v. Amnesty International USA this morning. By a 5–4 vote, it held that a group of human rights organizations, lawyers, activists, and journalists lacked standing to challenge the … Read more »

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 … Read more »

Robert Gates on Drones (and the Politics of Drones v. Enhanced Interrogation)

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Friday, February 15, 2013 at 9:37 AM

Via this thoughtful essay by Pejman Yousefzadeh, I learned about this CNN interview (video below) with former Secretary of Defense Robert Gates, in which he notes his support for drone strikes but suggests ways to enhance accountability of Executive branch decisions to engage in targeted killing of an American citizen.

The President’s SOTU Pledge to Work With Congress and Be Transparent on National Security Issues

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Wednesday, February 13, 2013 at 6:28 AM

An important Lawfare-related sentence from last night’s SOTU address:

[I]n the months ahead, I will continue to engage with Congress to ensure not only that our targeting, detention, and prosecution of terrorists remains consistent with our laws and system of

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Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…

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Sunday, February 10, 2013 at 5:12 PM

There’s been a fair amount of buzz over the past few days centered around the idea of a statutory “drone court”–a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (presumably) provide at least some modicum of due … Read more »

Lawfare Podcast Episode #21: Jameel Jaffer and Benjamin Powell on Clapper v. Amnesty International

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Monday, November 12, 2012 at 12:59 PM

On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International, which poses the question whether a group of human rights organizations, lawyers, activists, and journalists have standing to challenge a congressionally-authorized warantless government surveillance … Read more »