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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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British Appeals Court Denies Government’s Request to Hold Terrorism Trial in Secret

File this one away in the “what were they thinking” category.  Today, the Guardian reports that a British appeals court has blocked an attempt by UK prosecutors to…
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The Foreign Intelligence Surveillance Court: Is Reform Needed?

With the advent of the Edward Snowden leaks commencing in June 2013, much has been written about Snowden and the United States intelligence community. This short blog post examines…
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News Roundup and Notes: June 12, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.  Iraq Rebels from the Islamic…
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Covington White Paper on the Constitutionality of a FISA “Public Advocate”

As readers may recall from prior posts both here and at Lawfare, I’ve been a staunch supporter from the very beginning of the call for more adversarial process before the…
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Eleventh Circuit Says No to Warrantless Cell Tracking, Calls Other Metadata Programs Into Question

Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion,…
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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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Secretary Hagel’s defense of the Bergdahl deal [UPDATED]

[slightly updated for clarification and to account for testimony during the hearing] The Secretary of Defense is testifying at a HASC hearing beginning now.  Here are his prepared…
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House Armed Services Committee Hearing: The May 31, 2014 Transfer of Five Senior Taliban Detainees

Happening now Secretary of Defense Chuck Hagel testifies before the House Armed Services Committee the May 31, 2014 transfer of five senior Taliban detainees. Secretary Hagel’s…
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News Roundup and Notes: June 11, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. The fall of Mosul Tens of…
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Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House

Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…
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European Court of Human Rights Rules on Amnesty and Double Jeopardy

On May 27th, the European Court of Human Rights ruled on one of the more contentious issues in the international criminal law and transitional justice sphere; namely whether political…
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