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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,…
Just Security

DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals

The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
Just Security

10 Things We Need to Know Now About the US Drone War

A year ago today, NBC News published a leaked copy of a Justice Department memo that justified the killing of a U.S. citizen without a trial in a foreign country outside a war…
Just Security

Al-Liby: Male Captus, Bene Detentus?

Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
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