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New Developments in the Relationships Among AQ, AQAP, and Al-Shabab, and the Potential Impact on the Al-Aulaqi Litigation

Robert Chesney writes on Lawfare on November 11 in a story entitled "New Developments in the Relationships Among AQ, AQAP, and Al-Shabab, and the Potential Impact on the Al-Aulaqi Litigation" that a recent story on NPR’s All Things Considered tonight (“Al-Qaida, Affiliates Showing Greater Coordination“) conveys a claim by U.S. officials that “core/original” al Qaeda since spring 2010 has increased the involvement of its affairs with affiliates such as al Qaeda in the Arabian Peninsula and al-Shabab in Somalia. 

Critically, this relationship between Al Qaeda and its affiliates is not only informative of the authority of the United States to use military force in Yemen, but is also central to the merits issues in the al-Aulaqi litigation. 

Chesney notes,

"For that matter, it may also be central to some of the issues that the government has raised in its motion to dismiss (see Ben’s summary of the oral argument here), either because the court might decide it may not second guess the executive’s judgment regarding the AQ/AQAP relationship  or because the court might decide that the intelligence relevant to shedding light on that relationship in any event implicates the state secrets privilege."

For the full text of the article, click here

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