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Last month, Jack gave a talk at the Hoover Institution on President Obama's war powers legacy. It's a remarkable address: hard-hitting, clear, and sure to discomfort Obama's defenders on war powers issue...
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Orin Kerr provided audio of this week’s oral arguments in Klayman v. Obama. Wells later contributed a recap of the arguments in the case.
Paul noted how curious it was that according to current law enfo...
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Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices. The short summary is tha...
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The parties return for the afternoon session and Judge Spath begins by laying out his thinking on the previous motion seeking supervised telephone and Skype calls between Al-Nashiri and his family. In th...
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The developing story of the FBI’s impersonation of journalists is, in a way, really the story of Timberline high school in Washington State. In June of 2007 Timberline had received a series of bomb threa...
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The Russians are Coming. A trojan horse malware program has deeply penetrated US critical infrastructure and the Russians are probably behind it.
The Crypto-Libertarians are Not Coming. More than 400 ...
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This week, President Obama will ask Congress to approve $3.2 billion in additional funding for U.S. operations against the Islamic State. This figure comes as an amendment to the pending $58.6 billion wa...
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By the end of the year, the United States and Japan are expected to release revised Guidelines for Defense Cooperation. For the first time in seventeen years, the two nations will modernize the framework...
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Published by Basic Books (2014)
Reviewed by Benjamin Bissell
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One of the most engaging contemporary debates is about the efficacy and utility of encryption as a means of protecting privacy. I’ve written, in the past, about how encryption works and about the growing...
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In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, ho...
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Earlier on Lawfare, I wrote about the outcome of the Chinese government’s Fourth Plenum---a key meeting of the Central Committee of the Chinese Communist Party which wrapped up about two weeks ago.
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Yesterday, President Obama announced that he plans to seek new Congressional authorization for the ongoing military campaign against the Islamic State in Iraq and Syria.
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Attorneys for Ammar al-Baluchi, one of the five men accused of plotting the 9/11 attacks, said the following today in a statement:
WASHINGTON, DC-Today, the legal team representing Ammar al Baluchi submi...
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Hey GTMO fans: the estimable Matt Danzer's digests of yesterday's hearing in this capital Guantanamo military commissions case can be found below, and in our "Events Coverage" section.
Keep an eye on th...
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The commission returns from recess and prepares to consider AE 284 and 284L, a defense motion and supplement seeking to allow Al-Nashiri to hold supervised Skype calls with his elderly parents.
Before t...
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Military judge Vance Spath opens Wednesday’s motions proceedings with AE 181G, a defense request to reargue the underlying defense motion to remove the possibility of the death penalty for Al-Nashiri if ...
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It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS:
Second, I'm going to begin en...
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Those of you interested in the organization of the Intelligence Community may recall a major initiative launched by the Defense Intelligence Agency, in 2012, to expand the size and focus of its HUMINT co...
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The only holiday devoted to celebrating the failure of non-state actors to destroy the symbols and institutions of state power.
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