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Tag Archives: Jack Goldsmith

A Draft AUMF to Get the Discussion Going

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Monday, November 10, 2014 at 1:00 PM

President Obama said last week that he wants an AUMF for the ISIL conflict, and he further stated that he wants to “right-size and update whatever authorization Congress provides to suit the current fight, rather than previous fights.” So we thought we would draft a notional AUMF along those lines to get a discussion going. What . . .
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Event at Wilson Center on Islamic State AUMF and Related Issues

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Monday, November 10, 2014 at 9:57 AM

On Wednesday morning at 10 a.m. the Wilson Center will host an event on Congress’s role in the conflict against the Islamic State entitled Congress, the Presidency and Military Intervention.  Senator Kaine, who has taken the lead in urging the President to seek congressional authorization for the use of force against the Islamic State, will . . .
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End of Forever War Watch, Election Day Edition

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Tuesday, November 4, 2014 at 8:49 AM

The wise Walter Pincus had a good piece yesterday in the WP that makes two points: (1) the United States’ fight “against the so-called Islamic State has just begun and will last for years,” and (2) “Iraqi boots on the ground are the only ones that can defeat the Islamic State in Iraq. But that . . .
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How the Supreme Court Should Resolve Zivotofsky

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Thursday, October 30, 2014 at 8:09 AM

Zivotofsky is an important case because it appears to require the Supreme Court to address the scope of the President’s exclusive foreign relations power vis a vis Congress.  This is a very hard question, rarely addressed by the Court, about which the relevant sources (text, original meaning, historical practice) are, in my view, unclear.  And . . .
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Testimony from May 16 Senate Armed Services Committee Hearing on the AUMF

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Thursday, May 16, 2013 at 2:54 PM

There’s been a flurry of Lawfare posts on today’s hearing, before the Senate Armed Services Committee, on the 2001 Authorization for the Use of Military Force. The video of the hearing can be viewed here, and we’ve got links to the witnesses’ testimony below.

Why the USG Complaints Against Chinese Economic Cyber-Snooping Are So Weak

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Monday, March 25, 2013 at 9:01 AM

James Lewis had an op-ed yesterday in the WP about “Five Myths About Chinese Hackers.”  The fifth myth: 5. America spies on China, too, so what can we complain about? Chinese officials portray their country as a victim of hacking. Meanwhile, some American scholars question whether the United States is in a position to criticize, since it also engages . . .
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Will The Supreme Court Issue a Decision in Kiobel This Week?

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Sunday, March 24, 2013 at 10:47 PM

Although most Supreme Court watchers are focused on the two gay marriage cases to be argued before the Court on Tuesday and Wednesday of this week (NB: I signed the brief submitted by former Republican officials supporting same-sex marriage in the Hollingsworth case), for Lawfare readers this may be the week that the Supreme Court finally issues a . . .
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Readings: Jens Ohlin, ‘The Duty to Capture’

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Tuesday, February 26, 2013 at 9:29 AM

Jack Goldsmith has flagged NYU professor Ryan Goodman’s European Journal of International Law article, “The Power to Kill or Capture Enemy Combatants,” as well as a Slate article by Goodman drawn from that academic journal piece, “The Lesser Evil: What the Obama administration isn’t telling you about drones: the standard rule is capture, not kill.”  Goodman’s . . .
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Mark R. Jacobson on 5 Myths About Drone Warfare in the Washington Post

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Sunday, February 10, 2013 at 10:41 PM

John Bellinger makes note in his post below that that Obama administration faces increasing organized NGO, activist-advocacy, and European pushback on drone warfare, and he cites today’s front page NYT story by Peter Baker that this essentially reprises the campaign against detention and interrogation of the Bush years.  Regular readers of Lawfare will be well . . .
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Readings: Sen. Ron Wyden (D-OR) Letter to John Brennan, CIA Director Nominee, on Targeted Killing of US Citizens Abroad

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Monday, January 14, 2013 at 5:29 PM

John Brennan, nominated by President Obama to become the next CIA director, will apparently face some tough questioning from Senator Ron Wyden (D-OR) at his Senate confirmation hearings (reportedly set for Thursday, February 7, 2:30 pm).  Sen. Wyden has sent Brennan a letter (obtained by Wired’s DangerRoom) on the refusal of the Administration to release . . .
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Judicial Review for Enemy Fighters? Andrew Kent on the Quirin Case

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Friday, January 4, 2013 at 11:00 AM

Andrew Kent writes in with the following guest post on his fascinating new article on Ex Parte Quirin. I asked Andrew to write up this piece, after reading an earlier draft of the underlying paper for a workshop last summer that Matt and Trevor organized at Columbia Law School. I found both the history Andrew . . .
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WCIT Treaty Breakdown — A Summary and Some Analysis

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Friday, December 14, 2012 at 10:36 AM

As you may have read by now (reports from the New York Times and Washington Post are pretty good),  that the WCIT conference has ended in disarray.  The United States and a number of other Western countries have refused to sign the final instrument updating the international telecommunications regulations because of a dispute over what . . .
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Readings: David Cole on Civil Society and Individual Rights After 9/11

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Saturday, November 17, 2012 at 7:22 PM

Georgetown law professor David Cole has a new article up on SSRN, “Where Liberty Lies: Civil Society and Individual Rights after 9/11.”  It offers something of a retrospective on the role of civil society organizations in defending a vision of individual rights under the Constitution in the years following 9/11 – these organizations include, Cole . . .
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A Presidential Cyber LOAC Directive

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Thursday, November 15, 2012 at 10:06 AM

While the Senate was making a feint at legislation yesterday, far more significant cyber news was disclosed.  According to the Washington Post President Obama has signed a new Presidential Policy Directive that assigns roles and responsibilities for military and civilian activity in cyber operations outside the Federal network.  As the Post reports: President Obama has . . .
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Conspiracy and Military Commissions After Hamdan II

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Wednesday, October 17, 2012 at 8:42 PM

In his post on yesterday’s decision in (what I think we should all call) Hamdan II, Jack writes “The historical arguments for a conspiracy charge in military commissions under the laws of war, while not slam dunks, are . . . more powerful than similar arguments for material support.” Thus,  he “think[s] the strong suggestions . . .
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More on the Defense Science Board — And the Proliferation of Data

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Thursday, September 13, 2012 at 12:19 PM

Like Jack, I was struck by the Defense Science Board’s report on the autonomy of military systems, but it was a different aspect of the report that caught my eye – enough so that I thought it was worth noting here. Buried in the report is an acknowledgement of an increasingly concerning phenomenon:  the rate . . .
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Thoughts About the Revised Lieberman-Collins Cybersecurity Bill

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Saturday, July 21, 2012 at 11:20 AM

As I noted on Friday, Senators Lieberman and Collins have released a Manager’s Amendment in the form of a substitute which reflects some significant changes to their original bill.  You can access the full text of the amendment here.  Talk in the Senate is that Senator Reid plans to call the bill up for consideration . . .
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Cybersecurity Regulation — How Significant is the Threat?

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Friday, July 6, 2012 at 12:01 PM

Some time ago I began an answer to Jack Goldsmith on why I thought cybersecurity regulation was the wrong answer to our current cyber problems.  Other commitments, including paying clients!, got in the way of further developing the argument, but I have some time now to return to the discussion. In my introductory post on . . .
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Thoughts on Leak Investigations in the Modern Era

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Saturday, June 9, 2012 at 11:23 AM

One item in Jack’s post on the upcoming leak investigations caught my eye — he noted that “It is hard to discover leakers without access to journalists’ testimony or notes (which are hard to obtain).” My sense is that this is increasingly becoming less true.  Indeed, I had one rather high-level IC member tell me, . . .
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The Stuxnet Story and Some Interesting Questions

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Saturday, June 2, 2012 at 4:52 PM

By now almost everyone has read David Sanger’s fascinating New York Times story relating the behind-the-scenes story of the development and deployment of the Stuxnet virus as part of a larger classified program known as “Olympic Game.”   Others, including my colleagues Jack Goldsmith and Matt Waxman have already remarked on the seeming breach of classification.   . . .
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