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Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
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A defendant's lawyers don't want the cell site data case's constitutional holding to be revisited. But if it must be, the attorneys say, then the "good faith" exception to the exclusionary rule ought to be revisited, too.
The United States last week petitioned for the full Fourth Circuit to rehear this closely-watched case involving the Fourth Amendment and historical cell location data.
Proceedings resume this morning at Guantanamo, in the military commissions case of United States v. Abd al Hadi al Iraqi. We won't be in the house, but plan afterwards to post a read-out on today's events, and any more during the rest of the week's two-day session.
The executive branch previously has relied on historical precedent, in seeking to justify the president's use of force to protect foreign nationals abroad. Still, that doesn't much help the claim that, under Article II, the President can send U.S. personnel to defend Syrian rebels against Assad.
The former NSA Director sat down yesterday for a moderated discussion with the journalist and co-founder of the Intercept.
The panel's ruling in the challenge brought by Larry Klayman and others was split.
A quick Per Curiam order explains that the challenge to the NSA's bulk telephony metadata collection is not moot.