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FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts
Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…

Recap of Recent Posts on Just Security (May 28–June 3)
I. Guantánamo Military Commissions Steve Vladeck, Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul (Thursday, June 2) Daphne Eviatar, Sparring Over…

A Return to Torture? Unlikely
One could be forgiven for thinking that all signs point towards torture making a comeback. Calls for the resumption of torture have been disturbingly prominent in this year’s…

With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…

Roof Knocking and the Problem of Talking With Bombs
“Roof knocking” is a controversial method of bombing ostensibly intended to minimize civilian casualties. Israel introduced the method in its campaign in Gaza in 2008–2009,…

Why Accountability for Iraq’s Militias Matters
Iraq is awash with daily atrocities, with the Islamic State (ISIL) reportedly burying people alive, drowning people in submerged cages, detonating explosives around victims’…

The MSF Airstrike Report: Better on the Facts Than on the Law
The military’s investigation of the October 2015 airstrike on the Médicins Sans Frontières (MSF) hospital in Kunduz, Afghanistan was back in the news last week thanks to highly…

Why Federal Agencies Must Still Preserve (and Should Finally Read) the SSCI Torture Report
This week’s news that the CIA’s Office of Inspector General destroyed two copies of the Senate Select Committee on Intelligence Report (SSCI Report) on the CIA’s Detention…

The US’ Failure to Plan for ISIL Detention Operations is a Flawed Approach
When it comes to detaining ISIL suspects in Iraq and Syria, the US is taking a hands-off approach. The New York Times reported last week that the US is not planning to engage in…

A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial
Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…

Transparency, Review, and Relief: The Far-Reaching Implications of the Kunduz Report
Thus far, many discussions of the US military’s release of a 120-page detailed report of the lawfulness of its attack on the Médicins Sans Frontières (MSF) facility in Kunduz,…

The UK’s Report on Drones and Targeted Killing Leaves Unanswered Questions
Yesterday, the British Parliament’s Joint Committee on Human Rights published the report of its months-long inquiry into the use of drones for targeted killing. The 110-page…