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Tag Archives: Marty Lederman

Lederman on Secrecy, Nonacknowledgement, and Yemen

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Wednesday, February 26, 2014 at 6:15 AM

Marty Lederman has a long post picking apart the errors in last week’s AP story on last December’s drone strike in Yemen.  Along the way he carefully parses the covert action statute, and has interesting things to say about the relationship between secrecy and non-acknowledgment, and how those concepts apply to CIA and DOD.  A . . .
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Cole and Lederman, and Morell, on Review Group Report

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Monday, December 23, 2013 at 4:39 PM

Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security.  And he and David Cole have a lengthy post on what they say is a neglected issue in coverage of the Report: The issue of the proper use by the government of meta-data, as opposed . . .
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The First Circuit and the First Amendment

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Friday, November 15, 2013 at 6:42 AM

This week’s much-anticipated decision by the First Circuit in Mehanna v. United States, which Matt Danzer summarizes here, offers more guidance on the First Amendment and terrorism than Ben and the always-thoughtful Marty Lederman have suggested.  As Ben and Marty note, the court affirmed Mehanna’s conviction for material support of terrorism based on evidence that . . .
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Lenity and the FISA Reform Endgame

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Friday, November 8, 2013 at 9:56 AM

I was on the same panel as Orin at Monday’s day-long hearing before the Privacy & Civil Liberties Oversight Board, and think there’s a lot to commend his proposal for a statutory rule of lenity as a tool to regulate national security surveillance–to scale back the government’s ability to push for expansive interpretations of the . . .
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The Solicitor General Responds to an EPIC Mandamus Effort

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Wednesday, October 23, 2013 at 12:00 PM

Having gained no purchase in federal district courts in countering NSA’s telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States Supreme Court. Back in July, the Electronic Privacy Information Center (EPIC) filed a mandamus-or-certiorari petition with the high court, seeking review of the controversial April 2013 order by . . .
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Constitution Day Event at Georgetown on Surveillance Law

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Monday, September 23, 2013 at 8:02 PM

I was honored to moderate a panel at Georgetown Law on Constitution Day, entitled “A Constitutional Conversation: The Foreign Intelligence Surveillance Act in a Digital Era.” The panel, composed of Georgetown Law Professors Carrie Cordero, Laura Donohue, and Marty Lederman, focused on the FISA surveillance programs leaked by Edward Snowden and described in recently-declassified FISA materials, . . .
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More on the UN Charter, Syria, and “Illegal but Legitimate”

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Thursday, September 5, 2013 at 2:29 PM

Earlier today I said that President Obama’s dismissal of a Security Council authorization as a prerequisite for intervention in Syria “marks the death knell for the long-held USG view that humanitarian intervention without Security Council approval violates the U.N. Charter.”  Marty Lederman responded that the President’s position is, to the contrary, that “because the UNSC . . .
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Marty Lederman on the President’s Syria Press Conference, and a Brief Response

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Thursday, September 5, 2013 at 8:59 AM

Marty Lederman writes in with a response to my last post: A quick, response to Jack’s reading of the President’s remarks in Stockholm yesterday: One should be very cautious, of course, about reading too much into an executive’s particular phrasing at a press conference–it is rarely the sort of thing that has received careful, interagency . . .
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Worth Reading On Syria

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Monday, September 2, 2013 at 6:12 AM

A few items that are in my opinion worth a read: Opinio Juris is having an insta-symposium on Syria.  I recommend in particular Marty Lederman’s two posts on the relevance of the U.N. Charter to the coming authorization debate in Congress.  (Largely overlooked in the President’s speech on Saturday was his back-of-the hand dismissal of . . .
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Some Answers for Steve on Harold Koh

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Thursday, May 9, 2013 at 1:12 PM

Steve has responded to my post on Harold Koh’s sudden discovery of inviolable commander in chief powers. He asks me two questions, which I address below: Would you take seriously anyone who denied the existence of any and all indefeasible presidential power (and who would, therefore, think that Congress did have the power to enact the Command 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 process before the government engages in targeted killing operations, but that, like the FISC, would . . .
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Military Detention of Non-Citizens and the Not-So-Negative Implications of the New Feinstein Amendment

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Friday, December 7, 2012 at 8:18 AM

As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule for the detention of U.S. citizens and lawful permanent residents (LPRs) apprehended within the United States, the effect of which would guarantee that such . . .
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Hedges and the Feinstein Amendment

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Thursday, September 13, 2012 at 10:58 AM

I don’t have a lot to add to Ben’s analysis of Judge Forrest’s decision yesterday in Hedges v. Obama, permanently enjoining section 1021(b)(2) of the FY2012 NDAA (Just to refresh our memories, that section authorizes the detention of “A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in . . .
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Marty Lederman Reacts to NYT Story on Obama Unilateralism

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Monday, April 23, 2012 at 2:25 PM

Marty Lederman has a post defending the Obama administration in connection with this NYT story, but I think he overreacts. Marty claims that the story by Charlie Savage contributes to the “common but flawed ‘convergence’ narrative” that “President Obama has substantially abandoned the views he held before taking office and, chastened by the realities of the office, has . . .
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Peter Margulies Reports on AALS III

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Thursday, January 12, 2012 at 5:58 PM

Peter Margulies’s reporting on AALS panels continues with this dispatch: Libya and Presidential Power Presidential war powers were debated at the AALS conference that spurred my recent posts on detention and military commissions.  The Libyan intervention elicited disagreement peeking out from surface consensus among Georgetown’s Marty Lederman (OLC 2009-10), Duke’s Curt Bradley, and Columbia’s Trevor Morrison . . .
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Peter Margulies Reports on AALS II

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Tuesday, January 10, 2012 at 2:43 PM

Here is Part II of Peter Margulies’s reporting from AALS: AALS Federal Courts Debate II: Military Commissions and Material Support The lively federal courts panel at the American Association of Law Schools conference also sparked disagreement on trials in military commissions.  Marty Lederman recalled that the administration had advised Congress in 2009 that courts might . . .
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Peter Margulies Reports on AALS I

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Tuesday, January 10, 2012 at 2:23 PM

Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first:  Federal Courts and National Security: A D.C. Circuit Judge and Scholars Find the Fault Lines In a provocative panel at the American Association of . . .
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One More (Big!) NSL-Related Panel @ AALS…

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Tuesday, January 3, 2012 at 11:09 AM

In my haste to survey the NSL-related panels at this week’s AALS Annual Meeting, I missed one of the “Hot Topics” sessions–a plenary discussion of “Political Crises and Constitutionalism: War,” with a special focus on the use of force and/in Libya… It’s scheduled for 10:30 a.m to noon on Saturday (alas, at the same time . . .
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The NDAA: The Good, the Bad, and the Laws of War–Part II

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Saturday, December 31, 2011 at 4:48 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization . . .
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The NDAA: The Good, the Bad, and the Laws of War–Part I

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Saturday, December 31, 2011 at 4:43 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law.  One of the major disputes concerns whether and howi the NDAA . . .
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