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19 Apr 2012, 8:09 am
(Kenneth Anderson) In case anyone finds it useful or interesting, over at Lawfare I have posted up links all in one place to the leading speeches by the US government’s senior national security lawyers on targeted killing, hypothetical drone programs, covert action, and related national security law issues - Harold Koh (DOS), Jeh Johnson (DOD), Eric Holder (DOJ), Stephen Preston (CIA) – and one by non-lawyer but senior counterterrorism advisor John Brennan. [read post]
28 Oct 2016, 4:57 am
The public defenders for Harold Thomas Martin III, 51, of Glen Burnie, Maryland, will ask a federal judge Friday to consider freeing Martin from custody as his case ... [read post]
7 Apr 2009, 12:44 pm
The alleged covert manoeuvrings, on the other hand, are much worse. [read post]
20 Apr 2009, 3:20 pm
You can turn to Dean Harold Koh's still-relevant 1990 work, The National Security Constitution, for an argument of this kind. [read post]
3 Sep 2011, 1:11 pm
These operations are at most thinly-deniable, not covert nor plausibly deniable. [read post]
3 Dec 2007, 10:21 pm
As for aerial surveillance, the noisy helicopter gives automatic notice when it's around, while the spy plane is designed for covert viewing. [read post]
5 Oct 2011, 11:17 am
John Brennan and Harold Koh have already talked about the legality of strikes outside Afghanistan in abstract terms, mostly focusing on international law. [read post]
23 Dec 2014, 5:25 pm
Some kinetic terrorist attacks leave no fingerprint; covert action is by definition designed to avoid attribution; and the like. [read post]
27 Oct 2017, 8:00 am
Although I am critical of Plimpton many times in the book--such as when Plimpton’s other co-founder Harold Doc Humes writes him in 1966 asking that the magazine come clean about its formative CIA ties-- I nevertheless found Plimpton’s predicament, tragic and worthy of sympathy. [read post]
3 Sep 2011, 12:32 pm
These operations are at most thinly-deniable, not covert nor plausibly deniable. [read post]
24 Nov 2007, 1:09 am
" She admitted that could include covert police actions and she said she was not ruling out someday using the drones for writing traffic tickets. [read post]
7 Apr 2010, 7:38 am
Covert). [read post]
25 Apr 2015, 6:02 am
Jack noted that this openness by the administration about what appears to have been a covert action was extraordinary. [read post]
28 Mar 2010, 2:30 pm
(Note: I started composing draft posts about Harold Koh’s important ASIL speech, particularly its discussion of drones and targeted killing, and concluded it would be better not to do a post that would turn into an online article, but instead some shorter posts on particular issues, even if they are somewhat random.) [read post]
3 Oct 2011, 4:45 am
The best argument against disclosure is that it would reveal classified information or, relatedly, acknowledge a covert action. [read post]
10 Nov 2014, 10:54 am
This absence, coupled with the secret nature of CIA covert operations, creates the possibility of continued CIA overseas detention facilities, sometimes described as "black sites," in an altered form. [read post]
29 Oct 2011, 8:16 am
The State Department has taken important steps in this direction in Legal Advisor Harold Koh’s statements that any use of force, including (speaking colloquially, not technically) covert action, must meet the threshold conduct standards of necessity, distinction, and proportionality. [read post]
3 Oct 2011, 12:35 pm
” I understand the reasons the government needs to preserve official deniability for a covert action, but I think that a legal analysis of the U.S. ability to target and kill enemy combatants (including U.S. citizens) outside Afghanistan can be disclosed without revealing means or methods of intelligence-gathering or jeopardizing technical covertness. [read post]
29 Oct 2011, 8:51 am
The State Department has taken important steps in this direction in Legal Advisor Harold Koh’s statements that any use of force, including (speaking colloquially, not technically) covert action, must meet the threshold conduct standards of necessity, distinction, and proportionality. [read post]
23 May 2011, 9:31 pm
Finally, this past Thursday, State Department Legal Adviser Harold Koh provided a more detailed legal explanation over at Opinio Juris. [read post]
