In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than … Read more »

I noted last week than in his answer to the question whether the Obama administration could “carry out drone strikes inside the United States,” John Brennan gave this non-response: “This Administration has not carried out drone strikes inside the United … Read more »

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 »

Judge Bates wrote a solid, careful, and in my view persuasive opinion in al-Aulaqi.  The opinion is clearly a victory for the government.  But it was not without small victories for ACLU, CCR, and others who want to establish … Read more »

Opinion here.  More to come after we’ve had a chance to digest the full opinion.

UPDATE:  Below are selected excerpts from the opinion (footnotes omitted).

Excerpt from introduction:

This is a unique and extraordinary case. Both the threshold and

… Read more »