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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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Have a look at this interesting, conditional cross-petition filed last week by attorneys for Aaron Graham—one of two defendants in United States v. Graham.
Likely you've heard: The United States last week petitioned for the full Fourth Circuit to rehear United States v. Graham and Jordan. Earlier in the closely-watched case, a panel of the Fourth Circuit had concluded that provisions of the Stored Communications Act unconstitutionally authorized compelled production of cell site location data from communications companies.
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.
I certainly do not have the answer to the question, put yesterday by Senator Tim Kaine to Centcom Commander General Austin and Undersecretary of Defense for Policy Christine Wormuth, as to how Article II of the Constitution would permit the President to order the U.S. military to defend Syrian rebels against Bashar Al Assad’s forces. The legal argument is not obvious.
As part of a security conference organized by Hewlett Packard, the former NSA Director sat down yesterday for a moderated discussion with the journalist and co-founder of the Intercept.
Here's the video:
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.