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681 Articles

Impact(s) of the Boehner Lawsuit on the Separation of Powers in National Security
While there have been countless articles written on the House efforts to sue President Obama, few commentators have opined on the likely impact(s) of the House lawsuit on national…

Disappearing People and Disappearing the Evidence: The Deeper Significance of the SSCI Report
When the executive summary of the Senate Select Committee on Intelligence’s (SSCI) report on the CIA’s torture program is finally released, it is likely to discredit a story…

Executive Order 12333, Notice, and the Due Process Rights of Criminal Defendants
In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government’s evidence was,…

Torture and the SSCI Report
This August, torture is once again on our minds. On the heels of President Obama’s rather callous admission that “we tortured some folks,” the Senate Select Committee on…

Spying Among Friends: The Troubled Waters of the CIA and BND
The rapid erosion of US-German relations continues to prompt much attention and consternation on both sides of the Atlantic. The new era urged by presidential candidate Barack…

More focus on jus ad bellum in Gaza
More than 1900 Palestinians have been killed in Gaza, hundreds of thousands are displaced and the material destructions are formidable. There have been several claims that Israel…

Medical Repatriation of Aging Guantanamo Detainees: The case of Al-Adahi
Mohammed Al-Adahi, a Yemeni national who has been detained at Guantanamo for more than 12 years and was approved for conditional release in 2010, has been described by his lawyers…

Guest Post: Has Hamas Overplayed Its Lawfare Strategy?
In the current Gaza conflict, the adversaries are employing very different strategies to achieve their operational objectives. Israel is executing a robust military strategy. By…

U.S. Edges Back Toward Landmine Treaty Path
After an agonizing five-year wait, the US announced the initial results of its landmine policy review on June 27, the final day of the Mine Ban Treaty’s Third Review Conference…

Russian Treaty Violations: A Blast from the Past or an Omen for the Future
On July 28, the New York Times ran a story with the headline “U.S. Says Russia Tested Cruise Missile, Violating Treaty.” Surprisingly, this story about an arms control…

How to Prosecute the Perpetrators of the Malaysian Jet Downing
The Dutch government has opened a criminal investigation of the downing of Malaysia flight 17, and President Obama has pledged that the U.S. will assist the Dutch to bring those…

Rejoinder to David Cole
In his reply to my guest post of yesterday, David Cole criticizes me for offering an imperfect defense of counter-terrorism stings. Actually, his criticism does not go far…