The U.S.-Saudi Starvation Blockade

"President Obama first approved U.S. support for the Saudi war effort. President Trump has continued the Obama policy. The war in Yemen has now become his war and his human rights catastrophe. Yemen today is arguably the worst humanitarian crisis on earth, and America’s role in it is undeniable and indispensable."

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The Pentagon, CIA, and NSA Are in Charge

"Surrounding himself with generals and giving the national-security establishment carte blanche to do anything it wants to protect 'national security,' Trump, for all practical purposes, has been absorbed by the national-security establishment, even permitting the CIA to continue keeping its long-secret, 50-year-old JFK-assassination records secret from the American people. It is safe to say that for the balance of Trump’s term in office, his actions in foreign affairs will be no different than anything that Hillary Clinton, who undoubtedly would have been a loyal servant of the national-security establishment, would have done with respect to foreign affairs. What gives? Why the dramatic shift in Trump?"

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At Guantánamo, a Death Penalty Case Without a Death Penalty Lawyer

"The judge’s departure from the rules, which require learned counsel at every part of a capital prosecution, is inexplicable. Even beyond the binding military commission rules, the American Bar Association’s guidelines for capital cases have long explained that the unique and complex labyrinth of capital trial preparation and investigation requires qualified death penalty counsel represent the defendant at every stage of the proceedings. Nonetheless, Judge Spath suggested that the junior defense counsel should, alone, stand in the place of learned counsel and a team with deep knowledge of the voluminous issues that the case raises."

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What If You’re Innocent But Your Attorney Pleads Guilty?

"Over McCoy’s express objection, the trial court permitted his attorney, Larry English, to tell the jury that McCoy was guilty of murder. With the court’s approval, English even purported to relieve the state of its burden to prove McCoy guilty of murder beyond a reasonable doubt. Following this brazen violation of McCoy’s autonomy, the jury returned a unanimous verdict for first-degree murder and sentenced McCoy to death."

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The CFPB and Absence versus Resignation

In the on-going debate over who now heads the Consumer Financial Protection Bureau (CFPB), the focus has been on whether the statute establishing the CFPB (the Dodd-Frank Act) overrides the Vacancy Reform Act (VRA).  (Marty Lederman has a good discussion here).  The debate highlights a broader point about textualism (and, by extension, originalism). Dodd-Frank says that…

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From North Korea, With Dread

"The risk of war is greater than the public appreciates. There’s a complacency surrounding this crisis, which has been kicked down the road by several American presidents. Now, with war more likely than ever, talks are even more urgent, and we hope this video can serve as a call for politicians on both sides to seek exit ramps for peace."

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Is Trump Going to Lie Our Way Into War With Iran?

"Americans aren’t exactly itching for a new war. (A majority, in fact, believes the country would be better off staying in the nuclear deal with Iran.) So how can the Trump administration build a case for a pre-emptive strike? Those claims of a nefarious alliance with Al Qaeda might help."

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U.S. Coast Guard operating secret floating prisons in Pacific Ocean

"Coast Guard officials say they can do this because the drug smugglers aren't under arrest until they reach U.S. shores, but some of the worst cases are drawing criticism even from Coast Guard officials. Many families, in fact, believe that their loved ones — husbands, fathers, sons — had disappeared."

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Pentagon tried to block report on child sex among Afghan forces

"The Pentagon tried to block an independent assessment of child sex abuse crimes committed by Afghan soldiers and police, instead insisting on the creation of its own report offering a far less authoritative review of human rights violations perpetrated by U.S. allies, according to an aide to Sen. Patrick Leahy (D-Vt.). Afghan security personnel have been known to recruit young boys as servants, sometimes to use for sex. There is a broader practice in Afghan society to dress some boys as women and have them dance at gatherings. Known as bacha bazi, it was banned under the Taliban but revived after the U.S. invasion in 2001."

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