Terrorism & Violent Extremism

Just Security provides expert legal and policy analysis of terrorism, counterterrorism, and domestic and international violent extremism.

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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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GTMO Transfer Bans Run Amok

A few weeks ago, I wrote about a disturbing provision that was added at the last minute to the Senate Armed Services Committee’s version of the National Defense Authorization…
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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 President Has No Congressional Authorization to Use Force against ISIS in Iraq

Earlier this week, Jen Daskal, Steve Vladeck and I wrote a post explaining why the 2002 Authorization for Use of Military Force against Iraq clearly does not apply to ISIS in Iraq…
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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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The President Delivers a Statement on the Situation in Iraq

Video of President Obama’s statement on the situation in Iraq. Complete transcript of remarks below. THE PRESIDENT:  Good morning, everybody.  I wanted to take some time…
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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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Clapper to Hagel: Taliban 5 return to battle “will not appreciably change the threat” to US or Afghanistan

Secretary of Defense Chuck Hagel testified before the House Armed Services Committee on Wednesday about the prisoner exchange involving Sgt. Bowe Bergdahl and five Guantanamo detainees…
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Interpretation and Retaliation in the Obama Administration

Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…
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