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Government’s Assassination of Anwar al-Awlaki Used “Significantly Different”...

Jameel Jaffer has a post on the government’s latest crazy-talk in the ongoing ACLU and NYT effort to liberate more drone memos. He describes how — in the government’s response to their appeal of the...

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Obama Administration Changed the Rationale for Why Assassinations Don’t...

As a number of outlets have reported, the Second Circuit last month upheld the government’s effort to keep a March 29, 2002 OLC memo pertaining to targeted killing secret; the opinion was unsealed...

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Targeted Killing Timeline

A timeline! I’ve been working on this timeline for almost nine months, trying to pull together the known dates about strikes against Americans, the evidence supporting the strike against Anwar...

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Harold Koh and the First Office of Legal Counsel Memo

When I compared what appeared in Eric Holder’s March 2012 targeted killing speech and the targeted killing white paper, I discovered two sections that appear in Holder but not the white paper: a...

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The Author of the White Paper, Stuart Delery, Argues Selective, Misleading...

As I noted in this post, Daniel Klaidman has identified the author of the targeted killing white paper as Stuart Delery. At the time he wrote the white paper, Delery was Senior Counselor to Attorney...

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Declaring “Wars” the President Didn’t Ask For

I’ll probably have a few posts on Harold Koh’s speech opposing what he calls the “Forever War” at the Oxford Union. For now, I want to look at his argument against a new Authorization to Use Military...

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Harold Koh Relitigates the Argument He Already Lost

The NYT thinks the takeaway “news” of Harold Koh’s speech on Forever War is his call for more transparency on drone killing. Yet that Koh supports more transparency on drones is not news. Daniel...

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Like Obi Wan, Osama bin Laden Has Come Back More Powerful Than Ever Before

In a piece that serves only to claim we need even more invasive online surveillance because we’ve made al Qaeda more insidious than before Osama bin Laden died, Michael Hirsh tries to make Abu Musab...

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Whither the Assassination Consideration?

As I noted earlier, I’m doing a fairly detailed comparison of what parts of the white paper don’t show up in the drone memo released Monday. But that’s going to take a while. Far easier is to compare...

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Jack Goldsmith Declares Victory … for Osama bin Laden

Yesterday, Jack Goldsmith misread a crabby Harold Koh defense of Obama’s ISIL escalation justification as the end to the end to the Forever War. Harold’s Koh’s grudging defense of the domestic legal...

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