Benjamin Wittes

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Analysis and Commentary

Note from the Al Alwi Argument

by Benjamin Wittesvia Lawfare
Thursday, November 4, 2010

I just returned from the D.C. Circuit’s Al Alwi oral argument–or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary...

Analysis and Commentary

Gitmo Recitivism and Innocence

by Benjamin Wittesvia Lawfare
Thursday, November 4, 2010

I certainly agree with Adam Serwer’s point in this post that it will be mindless and destructive if Republicans really tried to prevent transfers from Guantanamo. Along the way, however, Adam makes the following point which warrants a brief response...

Analysis and Commentary

What Does the Election Mean?

by Benjamin Wittesvia Lawfare
Wednesday, November 3, 2010

This election wasn’t fought over the issues we deal with here at Lawfare. It was about the economy, jobs, spending, health care, and all that jazz. Yet national security issues always lurk in the background in the post-9/11 era...

What does the election mean?

by Benjamin Wittesvia Advancing a Free Society
Wednesday, November 3, 2010

This election wasn’t fought over the issues we deal with here at Lawfare. It was about the economy, jobs, spending, health care, and all that jazz. Yet national security issues always lurk in the background in the post-9/11 era.

Analysis and Commentary

Al Alwi Argument Preview

by Benjamin Wittesvia Lawfare
Tuesday, November 2, 2010

On Thursday, D.C. Circuit Judges David Tatel, Merrick Garland, and Stephen Williams will hear oral arguments in Al Alwi v. Obama...The case is an appeal from a decision by U.S. District Judge Richard Leon denying Moath Hamza Al Alwi’s habeas corpus petition...

Analysis and Commentary

On the Original Understanding of Malinowski

by Benjamin Wittesvia Lawfare
Monday, November 1, 2010

Kevin Jon Heller makes several challenging points in response to my earlier thoughts on Tom Malinowski’s statement on targeted killings...I address Kevin’s points in no particular order...

Analysis and Commentary

When Everything is Secret, Nothing is Secret

by Benjamin Wittesvia Lawfare
Sunday, October 31, 2010

For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligence community...

Analysis and Commentary

A Prosecutor’s Response

by Benjamin Wittesvia Lawfare
Friday, October 29, 2010

Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the 9/11 conspirators...

The right way to try KSM

by Benjamin Wittesvia Advancing a Free Society
Thursday, October 28, 2010

Here's a simple proposal to break the impasse over how to proceed against Khalid Sheik Mohammed and his colleagues: Press charges in both military commissions and in federal cour

Analysis and Commentary

In Praise of Human Rights Watch

by Benjamin Wittesvia Lawfare
Thursday, October 28, 2010

I have been thinking a lot over the last couple of days about Tom Malinowski’s statement in response to my post about the Lord’s Resistance Army (LRA) and drone strikes in Yemen. The more I think about it, the more I admire it...

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