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Outside Perspectives on the President’s AUMF Against the Islamic State of Iraq and the Levant

Testimony Before the House Committee on Armed Services Thank you Chairman Thornberry, Ranking Member Smith, and members of the committee for inviting me to present my views on the President’s proposed Authorization for the Use of Military Force against the Islamic State of Iraq and the Levant. I am a senior fellow in Governance Studies […]

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Is Al Qaeda Winning: Grading the Administration’s Counterterrorism Policies

Testimony before the House Foreign Affairs Subcommittee on Terrorism, Non-Proliferation, and Trade Broadcast live streaming video on Ustream Thank you, Chairman Poe, Ranking Member Sherman, and members of the subcommittee for inviting me to present my views on the future of the Authorization for the Use of Military Force (AUMF) and intelligence collection under Section 702 […]

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Legislative Changes to the Foreign Intelligence Surveillance Act

Testimony before the Senate Select Committee on Intelligence. Thank you, Chairman Feinstein, Vice Chairman Chambliss, and members of the committee for inviting me to present my views on reform of the Foreign Intelligence Surveillance Act (FISA). I am a Senior Fellow in Governance Studies at the Brookings Institution. I co-founded and am Editor in Chief of Lawfare, a website […]

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The Future of Law of War Detention for Persons Captured in the United States

Coauthored with Robert Chesney Testimony before the House Committee on the Judiciary, “Protecting U.S. Citizens’ Constitutional Rights During the War on Terror.” Thank you, Chairman Goodlatte, Ranking Member Conyers, and members of the committee for this opportunity to give our views on the subject of military detention under the laws of war of terrorist suspects arrested within the […]

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Drones and the War on Terror: When Can the U.S. Target Alleged American Terrorists Overseas?

Testimony before the House Committee on the Judiciary, “Drones and the War on Terror: When Can the  U.S. Target Alleged American Terrorists Overseas?” Thank you, Mr. Chairman and members of the committee, for inviting me to testify on the question of when the United States may lawfully target alleged American terrorists overseas. I am a Senior Fellow in Governance Studies at the […]

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Transfers of Guantánamo Detainees to Yemen: Policy Continuity Between Administrations

Coauthored with Robert M. Chesney and Matthew Waxman Briefing to the House Armed Services Subcommittee on Oversight and Investigation, “Transfers of Guantanamo Detainees to Yemen: Policy Continuity Between Administrations,” June 15, 2011. Thank you for the opportunity to brief the subcommittee on the problem of transfers of Yemeni detainees from Guantánamo Bay. Yemeni transfers have, since […]

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Testimony on American Interrogation Policy in the War Against Terrorism

Testimony before the House Committee on the Judiciary, “American Interrogation Policy in the War on Terrorism,” July 17, 2008 Thank you, Mr. Chairman and members of the committee, for inviting me to testify concerning American interrogation policy in the war against terrorism. I am a Fellow in Governance Studies and Research Director in Public Law at […]

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Improving Detainee Policy: Handling Terrorism Detainees within the American Justice System

Testimony before the Senate Committee on the Judiciary, “Improving Detainee Policy: Handling Terrorism Detainees within the American Justice System,” June 4, 2008 Thank you, Mr. Chairman and members of the committee, for inviting me to testify concerning what is probably the single most important unresolved legal policy challenge affecting America’s confrontation with international terrorism: The […]

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