That's perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el...

There are two: a cross-motion to hold Al-Nashiri's habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government's argume...

A report from the cyber underground where most of my Lawfare colleagues don't normally follow:  File this one as a delicious irony (or, if you prefer, a delightful irrationality).  Many will recall that ...

I don't always agree with Chris Soghoian, but he always has something interesting to say, and his new paper (co-authored with Stephanie Pell) touching on surveillance and national security is worth looki...

Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous tre...

I have spent the day, which is not over yet in Palo Alto, at a conference at the Hoover Institution on "Intelligence Challenges." The rules of the workshop, unfortunately, prohibit me from disclosing who...

The other day both Bobby here and Ryan Goodman at Just Security here picked up on news reports that DOD may be willing to provide additional military cooperation (including logistics and direct fire capa...

Back in February, I noted a provision tucked away in last year's National Defense Authorization Act: Section 1039, which obligated the Administration to study and report back to the House and Senate Judi...

IC on the Record has the latest document dump: Today the Office of the Director of National Intelligence and the Department of Justice released, in redacted form, a previously classified series of Foreig...