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Executive & Military

Judge Lamberth decides Warafi

As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo.  As I have previously explained, al Warafi argues that because he is detained as a member of the Taliban’s armed forces, and because the United States and the Taliban are no longer in an armed conflict with one another, the government’s domestic law authority to detain al Warafi under the 2001 AUMF has expired.…   continue »

The Iran Deal and a New US Strategy for the Middle East

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon.

With most commentary being focused on analyzing the technical requirement of the US and west’s agreement with Iran to curb its nuclear program, it’s also crucial to take on early the broader ramifications of the deal on Middle East stability.…   continue »

Are Cross-Border Shootings Heading to the Supreme Court?

Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting of a Mexican national in Mexico by a US border patrol agent standing on US soil in Arizona, and that, based on the facts as alleged in the complaint, the officer-defendant was not entitled to qualified immunity.…   continue »

The Declining Half-Life of Secrets

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Image credit: US Government via Wikimedia Commons

The following post is a preview of a new paper from New America’s Cybersecurity Initiative, where the author is a fellow.

The nature of secrets is changing. The “half-life of secrets” is declining sharply for many intelligence activities as secrets that in the past may have been kept successfully for 25 years or more, are now exposed well before.…   continue »

CIA and OLC Must Release More “Secret” Documents on Aulaqi Drone Strike

On Thursday, a federal district court in New York issued its latest ruling in the ACLU’s long-running Freedom of Information Act (FOIA) litigation seeking the legal and factual bases of the 2011 drone strike that killed three Americans in Yemen. The 160-page opinion addresses hundreds of records withheld by the Justice Department’s Office of Legal Counsel (OLC), CIA, and Defense Department.…   continue »