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Just Security

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,…
Just Security

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,…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

Backgrounder for Release of OLC’s Targeted Killing Memo

As Jameel discussed in an important post—“The Drone Memo Cometh”—the Second Circuit appears poised to publish the Office of Legal Counsel’s memorandum on the targeted…
Just Security

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…
Just Security

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…
Just Security

David Barron and the OTHER missing memos

David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…
Just Security

Lavabit’s Owner Goes Public: His Legal Ordeal Makes For Bad Law

I’ve written several times here about the Department of Justice’s efforts to force secure email provider Lavabit to turn over its encryption keys. The DOJ wanted transactional…
Just Security

Why Civil Libertarians and Drone Critics Should Support David Barron

Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…
Just Security

Second Circuit Orders Release of Redacted OLC Aulaqi Memo

A big morning for courts and national security… next up is this immensely significant decision from the Second Circuit in New York Times v. Department of Justice, which,…
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