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David Cole on Obama v. Bush

Ben has already commented on David Cole’s TNR essay (subscription needed) about how the Obama approach to counterterrorism differs from the Bush approach.  But since David uses my own TNR essay on the...

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Continuity and Change: Towards A Synthesis

I’m a little bit grouchy that the argument I made in this speech I keep linking to isn’t more a part of the debate over continuity and change between the Bush and Obama administrations than it is. It’s...

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David Cole Responds

David Cole sent in the following response to my post of the other day on his earlier New Republic article: My piece took issue with the claim so often made by all sides of the debate that Obama has...

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More Response from David Cole

David Cole offers the following in response to Jack’s and my latest posts on continuity and change in counterterrorism policy between the Bush and Obama administrations: I’ve now had the chance to read...

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More on Paul Clement and the Guantanamo Lawyers

One of the few bright spots when the flap over the Justice Department lawyers who previously had Guantanamo clients broke last year was the rapidity with which prominent conservatives denounced the...

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Why the Supreme Court Leaks Less Than The Intelligence Community

I have an essay on this topic in The New Republic.   It begins: When Supreme Court Justice Ruth Bader Ginsburg rose to speak to the American Constitution Society on June 15, many in the audience hoped...

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More on Targeted Killing White Paper

I agree with Ben and Susan that there is little new of substance (but more detail) on imminence and other issues in the DOJ White Paper on targeted killing, and I said as much in my reaction to the...

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Observations About Targeting and Congressional Intelligence Oversight

The recent controversy about the Justice Department White Paper and the closely related Senate confirmation hearings for CIA director-nominee John Brennan have raised the profile of congressional...

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A Crash Course on Chechnya and Kyrgyzstan

It has been widely reported that the two prime suspects in the Boston marathon bombings—one who was killed in a shootout early this morning—are ethnic Chechens. The brothers allegedly lived in...

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A Tale of Two NSA Leaks

The New Republic has just published an essay we wrote over the weekend on the late unpleasantness involving surveillance. It opens: Former NSA contractor Edwards Snowden sure does know how to change...

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Coming Tomorrow: Teaming Up with the New Republic

I am very excited to announce that tomorrow, we are launching a project with our friends at the New Republic to bring Lawfare content and writers to the New Republic’s web site. Astute readers may have...

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How Snowden Might Help Cybersecurity

A few weeks ago the NYT had a piece by David Sanger about how the Snowden revelations will hurt if not kill the NSA’s ambitious plans for cybersecurity defense in the U.S. homeland.  “Administration...

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Readings: Sean Wilentz on Snowden, Greenwald, and Assange

Over at the New Republic, Sean Wilentz has this fascinating long piece about the ideologies of Edward Snowden, Julian Assange, and Glenn Greenwald. The bottom line, in Wilentz’s view, is that it’s odd...

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