The Al-Aulaqi Hearing

by Kenneth Anderson

Probably many readers have seen this over at Lawfare, but Ben Wittes has a very interesting account of the oral argument from a few days ago on the Al-Aulaqi targeted killing lawsuit.  A snippet:

Judge Bates was deeply engaged with counsel for both sides throughout the argument. At the hearing’s end (shortly after I had left), he made clear that his ruling is not imminent. He did not tip his hand decisively as to which way he will rule. That said, I think we can venture a few inferences and conclusions based on his comments and questions. Those inferences and conclusions are generally quite favorable to the government.

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