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Tag Archives: Peter Margulies

Lawfare Analysis of the PRG Report: A Summary

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Thursday, January 16, 2014 at 7:36 AM

On December 18, the President’s Review Group on Intelligence and Communications Technology released its much anticipated report, Liberty and Security in a Changing World. Tomorrow, President Obama will give a major speech on intelligence reform, announcing which recommendations he means to accept and what he plans both to do himself and to ask of Congress. . . .
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Quick Thoughts on Judge Pauley’s Opinion

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Saturday, December 28, 2013 at 8:41 AM

Having now read Judge William Pauley’s opinion in ACLU v. Clapper, I am largely, though not completely, in agreement with Peter Margulies’s assessment of the matter. The opinion is a useful corrective to the over-the-top public reaction to Judge Richard Leon’s earlier opinion in Klayman and will serve to recalibrate the discussion of that opinion, at . . .
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The Air Goes Out of the Balloon: The Tarek Mehanna Appeal

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Thursday, November 14, 2013 at 8:40 PM

We will post a full summary of the First Circuit Court of Appeals’s decision in the case of Tarek Mehanna soon. A brief thought in the interim. The Mehanna case sparked a big First Amendment debate—on this site between David Cole and Peter Margulies (see also here and here)—during and after his prosecution in Massachusetts for . . .
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My Last Word on the New Bahlul Amicus

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Tuesday, July 30, 2013 at 3:07 PM

Thanks to his “sur-reply”, I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conviction even though conspiracy is not a war crime under international law: Because Bahlul was actually tried for murder, even though no one in . . .
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Three Questions for Peter Margulies on the New Bahlul Amicus Brief

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Monday, July 29, 2013 at 12:15 PM

There’s a lot to say about Peter Margulies’ reply to my and Kevin Heller’s criticisms of the “former government officials’” amicus brief in al Bahlul–the military commission appeal currently pending before the en banc D.C. Circuit, where the central question is whether the commission lawfully had jurisdiction to try and convict Bahlul of “conspiracy.” To put . . .
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Peter Margulies on the Mehanna Briefing

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Monday, April 8, 2013 at 2:00 PM

Peter Margulies of Roger Williams School of Law writes in with the following thoughts on the First Circuit briefing in the Tarek Mehanna appeal: The federal material support statute forces courts and juries to distinguish independent speech that supports terrorism from speech coordinated with a foreign terrorist group (FTO), such as Al Qaeda.  That challenge . . .
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Motions on Clapper‘s Implications for Standing in the Hedges Second Circuit Appeal

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Saturday, April 6, 2013 at 1:35 PM

Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a similar argument last May, before the Court decided Clapper.) Hedges, you will recall, is a challenge to the . . .
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Peter Margulies on Clapper

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Wednesday, February 27, 2013 at 7:20 AM

Peter Margulies of Roger Williams School of Law writes in with the following comments on yesterday’s Clapper decision: The Supreme Court’s decision Tuesday in Clapper v. Amnesty International reads at first like a substantial narrowing of standing doctrine.  However, closer examination reveals a more modest decision geared to courts’ institutional weaknesses in intelligence cases.  Justice Alito’s . . .
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Peter Margulies on Boundaries of the Battlefield

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Friday, January 18, 2013 at 7:25 AM

Peter Margulies of Roger Williams School of Law writes in from The Hague with the following account of the Boundaries of the Battlefield symposium he has been attending there: Although some members of Congress speak of criminal justice as a relic of a “September 10” mentality, Europe has never subscribed to that view. European officials . . .
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Peter Margulies Previews the Tareq Mehanna Appeal

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Wednesday, November 28, 2012 at 6:42 AM

Peter Margulies of Roger Williams School of Law, writes in with the following preview of the coming Tarek Mehanna appeal. The Mehanna case was the subject of this earlier exchange between Margulies and David Cole. Terrorism’s on-line profile has triggered robust debate, with Connecticut Senator Joe Lieberman warning of the danger and some commentators, such as . . .
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National Security Law in the News: A Guide for Journalists, Scholars and Policymakers

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Monday, November 19, 2012 at 3:48 PM

In the category of shameless self-promotion, I am quite pleased to announce the publication of National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. The book is a joint publication of the ABA Standing Committee on Law and National Security and the Medill School of Journalism, Northwestern University.  I edited the . . .
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Peter Margulies on Hamdan

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Thursday, October 18, 2012 at 7:03 AM

Peter Margulies of Roger Williams School of Law writes in with the following comments on the Hamdan decision: The D.C. Circuit’s decision today in Hamdan reaches the right result, but employs an unduly stark test that misreads both international law and the Framers’ intent.  If followed in subsequent cases such as al Bahlul v. United . . .
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Peter Margulies on Material Support Charges In Military Commissions

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Tuesday, August 21, 2012 at 8:21 AM

Here’s a timely new article as the D.C. Circuit considers the military commission appeals in Hamdan and Bahlul–both of which challenge convictions based on, among other charges, material support for terrorism. Peter Margulies of Roger Williams School of Law has this article up at SSRN, entitled “Defining, Punishing, and Membership in the Community of Nations: Congressional Power to . . .
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Peter Margulies on Targeting and the Geography of War

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Friday, May 11, 2012 at 7:18 AM

Peter Margulies of Roger Williams University School of Law writes in with the following summary of a recent Naval War College and Roger Williams workshop: John Brennan’s recent speech on targeting away from the battlefield has spawned controversy among distinguished commentators, including this exchange between Lawfare’s own Bobby Chesney and Gabor Rona of Human Rights . . .
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David Cole and Peter Margulies: An Exchange on Tarek Mehanna

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Sunday, April 22, 2012 at 3:45 PM

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent. I will therefore wait, before expressing an opinion, to see the record that emerges in the appellate proceedings. David writes as follows: Peter Margulies’ response . . .
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Peter Margulies Responds to David Cole

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Saturday, April 21, 2012 at 8:18 AM

Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole’s recent article on the Tarek Mehanna case: While David Cole’s passionate defense of the First Amendment is always welcome, David overshoots the mark in his recent post on the Mehanna case.  The Supreme Court held in Holder . . .
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European Court of Human Rights Approves Abu Hamza Extradition to U.S.

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Tuesday, April 10, 2012 at 1:13 PM

As Raffaela has already noted, the European Court of Human Rights unanimously ruled this morning that Abu Hamza al-Masri and four other wanted terrorism suspects may be extradited from the United Kingdom to the United States. (Additional reporting on the decision is available in the New York Times and the Telegraph.) Abu Hamza is accused . . .
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Margulies Responds to Jaffer

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Sunday, April 8, 2012 at 6:38 AM

Peter Margulies responds to Jameel Jaffer’s response: I appreciate Jameel’s response to my earlier post, as I appreciate the work that he and the ACLU have done in promoting transparency.  However, Jameel’s response largely reinforces my argument.  First, Jameel doesn’t deny the premise of my post: that the photos that the ACLU sought largely piggybacked on . . .
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ACLU’s Jaffer Responds to Margulies

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Saturday, April 7, 2012 at 9:59 AM

The ACLU’s Jameel Jaffer responds to Peter Margulies’ post yesterday on “moving the goal posts”: Peter is mistaken.  We filed that suit because we thought the photos would help the public understand what had happened in the detention centers.  We also thought it would set an intolerable precedent to allow the government to withhold evidence of official . . .
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Margulies on “Moving the Goalposts”

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Friday, April 6, 2012 at 6:45 PM

Peter Margulies writes in with this response to my request for examples of NGOs moving the goalposts in their demands about counterterrorism legal policy. Administration critics “moved the goal posts” in responding to the Obama administration’s successful efforts to prevent disclosure of photos of detainee abuse.  The ACLU, whose chief FOIA litigator, Jameel Jaffer, is . . .
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