The NYT Grants David Barron and Marty Lederman a Mulligan on 18 USC 1119

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emptywheel
I'll have far more to say about this irresponsibly credulous accounting of the background to the Anwar al-Awlaki killing from the NYT tomorrow. But for the moment I wanted to point to an interesting detail about the genesis of the June-July…
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Prison Handover Agreement Blows Up, Again, During Hagel's First Visit to Afghanistan Quagmire

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Jim White
Exactly one year ago today, I posted on the agreement in principle that would hand over the Detention Facility in Parwan, located near Bagram Air Base, to full Afghan control. I noted at the time however, that the "agreement" depended heavily…
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John Brennan Sworn in as CIA Director Using Constitution Lacking Bill of Rights

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emptywheel
According to the White House, John Brennan was sworn in as CIA Director on a "first draft" of the Constitution including notations from George Washington, dating to 1787. Vice President Joe Biden swears in CIA Director John Brennan in the Roosevelt…

House Intelligence Committee Moves to Learn How OTHER Services Don't Throw Away Incidental US Person Data

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emptywheel
I've long been tracking the implications of the Air Force's policy to keep US person data incidentally collected using domestic drones. Effectively, it would allow the government to collect data on select locations (such as a likely drug trafficking…
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How Long Was Abu Ghaith Detained in Jordan? Was He Tortured There?

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Jim White
Barack Obama and Eric Holder, in my opinion, have violated the Constitution and international laws on a large number of fronts in carrying out the Great War on Terror, but they are to be commended for their move to try Osama bin Laden's son-in-law,…

The Script Opposing Declassification of the Torture Report Continues to Roll Out

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emptywheel
During John Brennan's confirmation process, he answered questions about the Senate Intelligence Committee report on torture with two faces. To Saxby Chambliss in private, he said he thought the report was a prosecutorial document, set up to…
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Carl Levin Takes on Tax Cheats and Dark Money in Retirement Statement

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emptywheel
[youtube]gLx2Xc1EXLg[/youtube] Carl Levin, a pretty old but very healthy 78, but relatively young given MI's very old Congressional delegation, announced his retirement today. I don't always agree with Levin. But he is one of the smartest,…

"Engaged in Combat"

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emptywheel
Last night, Rand Paul said this: Well, words do make a difference, and I would feel a little more comfortable if we would get in writing a letter that says he doesn't believe killing people not actively engaged in combat with drones in America,…

Snowpocalypse and Obama's Drone Talk

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emptywheel
As I've said a few times, I suspect one reason the Administration may be acting so ridiculously with respect to drones is because the families of Anwar and Abdulrahman al-Awlaki and Samir Khan are suing for wrongful death. The ace in the…
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Guardian Lays Out Details of How Petraeus Organized Death Squads in Iraq

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Jim White
Yesterday, the Guardian published an article detailing how the US turned to the use of death squads in Iraq to quell the rise of Sunni militias. The article provides convincing evidence that this was an intentional policy and was in fact…

Democrats Refuse Non-Binding Resolution Limiting Presidential Drones against Non-Combatants, Too

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emptywheel
I noted earlier that Eric Holder suggested that a law prohibiting the use of drones against non-combatant Americans in the US would be unconstitutional. Grassley: Do you believe Congress has the Constitutional authority to pass a law prohibiting…
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Wondering Wednesday: Suicide in Singapore, Drone Over Brooklyn, and Telco Tattlers

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Rayne
Help me get over the hump and clue me in on a few things. I’ve been scratching my head wondering about these topics. Suicide in Singapore — The recent “suicide” of a U.S. electronics engineer in Singapore looks fishy to me. It looked…

Eric Holder Invokes Article II in Suggesting Congress Can't Legislate Lethal Force

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emptywheel
As I lay out in this Salon post, Eric Holder told Chuck Grassley that Article II of the Constitution would make probably any attempt to limit the use of lethal force in the US unconstitutional.  Chuck Grassley, R-Iowa, asked Holder whether…
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Karzai Claims Final Handover of Parwan Prison Coming, Will Release "Innocents"

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Jim White
In a move that is guaranteed to provoke another tantrum from Lindsey Graham, Afghan President Hamid Karzai announced to the Afghan parliament today that final handover of the Detention Facility in Parwan to full Afghan control will take place…

Incapacitating Terrorists in the US: the FBI's Job

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emptywheel
Remember when I suggested that a targeted killing in the US would look a lot like the killing of Imam Luqman Abdullah in 2009 (though I'm not saying that Abdullah's killing was a targeted killing), in which bunch of FBI's Hostage Rescue Team…

Forbes' Flawed Report on NPR and Sourcing by Gender

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Rayne
Today saw a bumper crop of weak content masquerading as journalism. I’m really perturbed about one article in particular. Forbes—the business magazine led by zillionaire libertarian CEO and editor-in-chief Steve Forbes—published…
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The Cost of Bullshit: Climate Change, National Security, and Inaction

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Rayne
While we’re waiting for Congress and the White House to do something productive together for once, let’s recap: •  The Department of Defense said climate change is a critical strategic concern with regard to its operations and its…
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Detroit's Emergency and Its Institute of the Arts

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emptywheel
Last week, Rick Snyder announced he'd disenfranchise the 700,000 mostly African American residents of Detroit in a bid to solve the city's seemingly intractable financial problems. The Emergency Manager he'll appoint is expected to come…

Did Pakistan Carry Out Its Own Drone Strikes?

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Jim White
While his nomination is pending as Director of CIA, His High Holiness of Moral Rectitude John Brennan has seen fit to pause his wanton destruction via drones in both Pakistan and Yemen. Mysteriously, though, there appears to be some confusion…

Who Turned over the Google Group Conversations Involving Aaron Swartz?

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emptywheel
The legal documents on the investigation into Aaron Swartz show three signs of witnesses cooperating with the prosecution. Most of the public attention has focused on this detail, which in September 2011 publicly indicated Quinn Norton had…
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