Have you been pondering the meaning of the ban on "enduring offensive" ground combat operations included in the administration's draft ISIS AUMF? Wondering what it means in practice for the US military t...

Yesterday, the House Armed Services Committee (HASC) Subcommittee on Oversight and Investigations received an "Update on Detainee Transfers from GTMO." You can read the testimony of the Department of De...

Susan Landau has published a thought-provoking critique on Lawfare of the UK Prime Minister’s recent remarks covering the powers he believes the State should be afforded to access the electronic communic...

One year ago, the Privacy and Civil Liberties Oversight Board (PCLOB) reviewed the National Security Agency’s bulk telephony metadata program and concluded the program was both illegal and imprudent as a...

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...