nationalsecuritylaw upcoming event

March 29, 2012

Two upcoming events at Harvard, both next week:

The Harvard National Security Journal is proud to present the following two events next week on April 3 and April 6. Both events are open to the public.

The Legitimacy and the Limits of Command in Reformed Military Commissions.

Brigadier General Mark Martins ’90, Chief Prosecutor, U.S. Military Commissions. Tuesday, April 3 at 4pm. Harvard Law School. Langdell North.

The Law and Policy of Covert Operations: Current & Future Challenges.

2012 Harvard National Security Journal Symposium

Date and Time: April 6th, 11:30am-6:30pm
Location: Harvard Law School’s Wasserstein Hall, Milstein East Rooms A/B (located on the second floor)

The law and policy of covert operations have grown to encompass some of the most complex questions in national security. Under what legal authority may the government act covertly? Against whom? Where? In what way? Covert operations is one area of national security law which demands that lawyers and policymakers bring together solid understanding of domestic and international law, and these legal challenges have only been augmented by technology. Are concepts of lawful use of force and, more generally, jus in bello, irretrievably distorted by remote technological warfare such as covert drone operations? When the government acts against individuals, in secret, does the current framework provide an appropriate balance of oversight, operational flexibility, and protection of rights or civil liberties? How will trends in covert operations be mapped onto, or force changes in the future law of covert operations?

The Harvard National Security Journal’s Third Annual Symposium will explore these questions with academics, public and private practitioners, and knowledgeable journalists through an opening discussion, two panels, and a keynote address. The Journal is hopeful that the Symposium will further the understanding and advance the quality of discussion on this important and timely issue.

Sponsored by Milbank, Tweed, Hadley & McCloy LLP


nationalsecuritylaw follow up on United States v. Stone (plea agreement)

March 29, 2012

Shortly after sending out the post below, I learned that David and Joshua Stone have now pled to a weapons charge (see the attached document), bringing the case to a close.

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United States v. Stone (E.D. Mich. Mar. 27, 2012) (granting motion to acquit in Hutaree seditious conspiracy case)

The 28-page opinion is posted here. In brief, Judge Roberts concluded that the government had not presented sufficient evidence in its case-in-chief to sustain the possibility of a conviction on the core conspiracy charges—there were many “vile” statements and the like, but no real agreement, she concludes—and therefore granted the Rule 29 motion as to seven total counts in the indictment. The case will now continue as to other counts against two of the defendants.

stone pleas.pdf


nationalsecuritylaw United States v. Stone (E.D. Mich. Mar. 27, 2012) (granting motion to acquit in Hutaree seditious conspiracy case)

March 29, 2012

United States v. Stone (E.D. Mich. Mar. 27, 2012) (granting motion to acquit in Hutaree seditious conspiracy case)

The 28-page opinion is posted here. In brief, Judge Roberts concluded that the government had not presented sufficient evidence in its case-in-chief to sustain the possibility of a conviction on the core conspiracy charges—there were many “vile” statements and the like, but no real agreement, she concludes—and therefore granted the Rule 29 motion as to seven total counts in the indictment. The case will now continue as to other counts against two of the defendants.