As readers likely know, earlier this week, pre-trial motions in Khalid Sheikh Mohammed et al. hit an unanticipated obstacle when one accused, Ramzi Binalshibh, indicated that he recognized one of his tra...

Some follow-ups to my earlier post on the administration’s ISIL-specific AUMF: Marty Lederman has a good analysis of the substance of the draft AUMF that is consonant with my analysis.  Marty charitably...

Jack ends his excellent and comprehensive post this morning, a post which I will not try to summarize, with the following statement: I just don’t get the calculation.  It seems that the President could h...

Before I get to analysis and criticism, let me give the Obama administration credit for proposing a draft AUMF yesterday.  The administration’s many promises about working with Congress to craft an AUMF ...

Jack Goldsmith and Jane Harman had a piece in the Washington Post a few days ago on the Guantanamo closure question: Guantanamo should be closed but not until the president presents a realistic plan and ...

Editor's Note: As we scale up Lawfare's coverage of security issues in hot-button regions, we thought we would start rounding up Lawfare-relevant items from the Middle East and North Africa. This feature...

Here are the key policy judgments in the President's AUMF proposal: "The President is authorized . . . to use the Armed Forces of the United States as the President determines to be necessary and approp...

Alas, Lawfare won't be live-blogging the session, which presumably will reveal a bit more about what one accused, Ramzi Binalshibh, told the judge on Monday: that the detainee recognized one of his trans...

Over at Just Security, Steve Vladeck and a group of scholars have posted a letter to President Obama asking him to include in his AUMF proposal not merely a sunset for the new ISIS AUMF but one for the u...

Jury selection in the trial of  accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proc...

If one thing was clear from Tuesday morning's 61-minute argument before the D.C.

At the Wilson Center, Lisa Monaco, Assistant to the President for Homeland Security and Counterterrorism, delivered a keynote address about the evolving nature of the cyber threat and the Obama administr...

According to the Washington Post, the Obama administration is establishing a new agency to fuse intelligence from around the government when a cyber crisis occurs.

It is with great reluctance that I wade into Gabor and Steve’s debate about how to close the U.S.

On February 5, 2015, Anthem---a health insurance company---announced that hackers had been able to access records containing tens of millions of names, birthdays, Social Security numbers, addresses and e...

The Palestinian turn to the International Criminal Court has Israel’s supporters fretting over potential prosecutions and international delegitimization.