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The al-Aulaqi Opinion and Fourth Amendment “Seizures”

Friday’s decision by Judge Collyer, in which she dismissed Bivens claims brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan (arising out of their…
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Too Much War, Not Enough Human Rights from the UN Special Rapporteur and European Parliament

Special Rapporteur on human rights and counterterrorism Ben Emmerson’s latest report and the European Parliament’s resolution on drones highlight some pressing issues. Most…
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Key Findings in New UN Special Rapporteur Report on Drones

The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, has now released the final report on…
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United Nations Releases New Report on Drones

[Editor’s note: Emmerson’s drone report is also publicly available on the UN website.] Last year, two UN Special Rapporteurs released major reports on drones — a…
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Lithuanian Prosecutors Open Probe into CIA Black Site

The Lithuanian Prosecutor General’s Office has opened a pre-trial investigation into allegations that a Saudi Guantánamo detainee, Mustafa al-Hawsawi was held at a secret CIA…
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Miranda: Blame Parliament Before Blaming the Courts

In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
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More Executive-Minded than the Executive

The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
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Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments

Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…
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The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal

As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
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What the No Fly List Teaches Us About Big Data

Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…
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A Terrorist Watchlist Error Revealed

Last month, a federal district court for the very first time ordered the government to disclose an individual’s status on the terrorist watchlist.  Jennifer Daskal described…
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A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan

In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
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