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Five Questions to Ask About the Killing of Bin Laden

1. Why not capture him? In fact, the administration says the plan was to capture Bin Laden if he did not offer any resistance, though officials considered it unlikely that he would give himself up. Still, the question is tantalizing: if he had not offered resistance and the Seals had taken him alive and brought […]

THE OBAMA ADMINISTRATION’S NEW GUIDELINES ON MIRANDA IN TERRORISM CASES: IS THERE REALLY ANYTHING NEW HERE?

At this year’s PJP event in March, the moot court considered expanding the “public safety exception” to reading Miranda rights in terrorism cases. I authored the hypothetical for that moot and you can watch the oral argument here. Since then, the Wall Street Journal obtained an FBI memorandum delineating circumstances in which its agents can […]