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Just Security

Would JASTA Violate International Law?

Writing in The New York Times last Friday, Curt Bradley and Jack Goldsmith argued that the Justice Against State Sponsors of Terrorism Act (JASTA) would “violate a core principle…
Just Security

The National Security Council as FOIA “Agency”

Two weeks ago, Rep. Jackie Walorski (R-Ind.) introduced a bill that would define the National Security Council (NSC) as an “agency” for purposes of the Freedom of Information…
Just Security

The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider

On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
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Feinstein-Burr, Encryption, and “The Rule of Law”

There’s a lot to say about the substance of the misguided anti-encryption legislation sponsored by Sens. Dianne Feinstein and Richard Burr, which was recently released as a “discussion…
Just Security

Here’s What the Burr-Feinstein Anti-Crypto Bill Gets Wrong

The latest Crypto War is being fought on multiple fronts: behind closed doors, in the courts, and now in Congress. On April 13, Sens. Richard Burr (R-NC) and Dianne Feinstein (D-Calif.),…
Just Security

Charlie Savage on Obama, GTMO and “Our Values”

Over on his blog, Charlie Savage has generously published a very thoughtful response to my post about his New York Times article, with Scott Shane, on the falsity of political…
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Closing Guantánamo: Before You Accuse Congress, Take a Look at Your Administration

Five years ago today, President Obama issued Executive Order 13567, which established the Periodic Review Board (PRB) process to review every “forever” detainee in Guantánamo…
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Excellent summary of GTMO myths . . . and a classic case of the “false equivalence fallacy”

A while back I wrote here about how remarkably successful President Obama’s efforts have been to fundamentally transform, to the point of elimination, the U.S. practice of…
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The State Department’s Records and Response Problems Are Not New, They’re Systemic

The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…
Just Security

House Judiciary Committee Hearing Tomorrow: Law Enforcement Access to Data Across Borders

Tomorrow, the House Judiciary Committee will be holding a “Hearing on International Conflicts of Law Concerning Border Data Flow and Law Enforcement Requests” — an issue…
Just Security

The President’s Plan for Closing the Guantánamo Bay Detention Facility

It’s here. The President proposes that once current transfer efforts are completed this year, the remaining 30 to 60 GTMO detainees ought to be detained in a U.S. facility. This…
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A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right

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…
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