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Just Security

You Can’t Have an “Associated Force” with No Core

There has been lots of commentary already on the newly-released (but heavily-redacted) OLC opinion, so I’ll focus mine on a key point I haven’t yet seen made. The OLC memo…
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Oregon District Court Holds No-Fly List Procedures Violate Due Process

Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
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The OLC’s Drone Memo and International Law’s Ascendance

The long-awaited release of the redacted July 16, 2010 OLC memo is anticlimactic in important respects. Much is still unknown to the point that it is difficult, if not impossible,…
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On the Benefits of Transparency: Why So Long to Disclose Drone Memo?

Monday’s release of the previously secret July 2010 Justice Department memo laying out the legal case for killing US citizen, Anwar al-Awlaki, has sparked a wide range of reactions,…
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Reflections on What the Drone Memo Does and Doesn’t Say

There is already a lot of commentary on the OLC drone memo, and likely more to come. Here, I just want to highlight three key issues that should be part of the mix: #1: Issues…
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The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer

Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
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DOJ OLC Targeted Killing Memo Released

This morning the 2nd Circuit published a redacted version of the long-sought Department of Justice OLC memo that authorized the killing of U.S. citizen, Anwar al-Awlaki. We’ve…
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The Drone Memo Cometh

“Severe Clear,” a project by artist David Birkin. Skywriting appears over New York City in a celestial “Glomar” response. For more, see Birkin’s post here.   In…
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The Legal Basis for the Abu Khattalah Capture

The capture of Ahmed Abu Khattalah was performed by a joint group of FBI agents and U.S. Special Operations forces.  A New York Times story reported an official as saying that…
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U.S. Captures Suspected Benghazi “Ringleader” Ahmed abu Khattalah

The breaking news this morning is that the U.S. Special Ops forces have captured Ahmed Abu Khattala, a suspected ringleader of the 2012 attack in Benghazi, Libya.  Government…
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US Resumes Drone Strikes in Pakistan: A New Course of Action?

In the past 24-48 hours, the United States has reportedly conducted two successive drone strikes in Pakistan’s northwest tribal area—ending an almost six-month suspension of…
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al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay

Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
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