Lawfare
Introducing Lawfare, a new blog created by Robert Chesney, Jack Goldsmith, and myself. For those who are already acquainted with our previous works, our focus will be clear: we aim to explore the complex relationship between national security actions and the legal frameworks that govern them. We will broadly cover a range of topics, including cybersecurity, litigation concerning Guantánamo, targeted killings, biosecurity, universal jurisdiction, the Alien Tort Statute, the state secrets privilege, and many other related or seemingly unrelated issues. The term Lawfare signifies both the strategic use of legal principles in conflicts and, more crucially, the troubling reality that America is engaged in an internal struggle over the laws that dictate its military engagements with others. This interpretation, while not its usual context, has been a recurring theme in our work over the years. We aspire to provide ongoing insights into the concept of lawfare in America, while also actively participating in the discussions surrounding it.
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Articles
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Jun 27, 2023 |
lawfareblog.com | Tyler McBrien
On June 26, United Nations Special Rapporteur on Human Rights and Counter-Terrorism Fionnuala Ní Aoláin released her report following a technical visit to the United States and U.S. Naval Station Guantánamo Bay from Feb. 6 to May 6. She was the first UN investigator ever granted access to the detention center by the U.S. government.
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Jun 27, 2023 |
lawfareblog.com | Anna Bower
It is a Tuesday morning in Miami, and once again, I find myself arriving at the federal courthouse at an ungodly hour. I should acknowledge an improvement; this time, I have at least arrived on the right day, rather than a full rotation of the Earth before the hearing is scheduled to begin. That said, it is just after 5:00 a.m. ET on the right day. I am, once again, first in The Line.
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Jun 27, 2023 |
lawfareblog.com | Alan Rozenshtein
Earlier today, the Supreme Court issued its opinion in Counterman v. Colorado, holding that when a defendant is prosecuted for communicating a violent threat, the government must establish that the defendant understood, even if they did not specifically intend, that their communication would likely be perceived as threatening.
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Jun 27, 2023 |
lawfareblog.com | Katherine Pompilio
On June 27, the Senate Homeland Security and Governmental Affairs Committee issued a majority staff report entitled “Planned in Plain Sight: A Review of the Intelligence Failures in Advance of January 6th, 2021.”The report details the failures of federal law enforcement agencies—including the FBI and the Department of Homeland Security’s Office of Intelligence and Analysis—to collect and analyze intelligence on potential violence in the lead-up to the Jan. 6 attack on the U.S. Capitol.
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Jun 27, 2023 |
lawfareblog.com | Tyler McBrien
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