Today's Headlines and Commentary

The European Court of Human Rights ruled today that Britain may deport five terrorist suspects (including Abu Hamza al-Masri, the former preacher) who are wanted in the U.S. consistent with human rights law, but that they "should not be extradited" until after court processes make the judgment final. Alan Cowell and John F. Burns report at the New York Times. Khalid Sheikh Mohammed and his alleged co-conspirators will be arraigned on May 5, Carol Rosenberg at the Miami Herald tells us. Jennifer Martinez and Jonathan Allen at the Politico cover the "turf war" that is currently being waged for responsibility over cybersecurity. In addition, the Pentagon plans to accelerate its development of cyberweapons, Ellen Nakashima at the Washington Post writes. Those hacktivists are at it again: Anonymous crashed the websites of two trade associations who have voiced support for the House version of cybersecurity legislation. Andrew Feinberg and Brendan Sasso at The Hill report. First it was an op-ed on the two remaining Kuwaiti nationals held in Guantanamo. Now the government of Yemen is on the case for two of its nationals at Parwan. Reports Peter Finn at the Washington Post,

The government of Yemen has agreed to closely monitor two Yemenis held by the U.S. military in Afghanistan if they are repatriated, and attorneys for the men asked the Pentagon on Monday to authorize the transfer of the two detainees. Amin al-Bakri, 44, and Fadi al-Maqaleh, 26, have been cleared for release by military detainee review boards on three occasions, beginning in 2010, according to Pentagon records.

First Amendment lawyers are off to Guantanamo to contine fighting for the right to hear for themselves what treatment Abd Al Rahim Al Nashiri was subjected to during his detention in the scheduled hearings this week. Carol Rosenberg at the Miami Herald reports. Josh Gerstein over at the Politico updates us on the CIA leaks case against former officer John Kiriakou. Looks like the identities of some journalists who were leaked intel have been disclosed in recent court filings. After a second drone crashed in Seychelles last week, the U.S. has decided to suspend future drone flights over the country. Reuters has the story. New York Times Editorial Page Editor Andrew Rosenthal writes about the implications of the recently-leaked interrogation memo written by then State Department official Philip Zelikow in 2006. Micah Zenko at the Atlantic ponders the future of CIA drone operations in Afghanistan post-2014. Joe Wolverton II discusses in the New American the complaint filed against the U.S. government by Christopher Hedges and his fellow co-plaintiffs over the detention provisions of the NDAA. Looks like the Malaysian government is working to codify a limit of 28 days on the length of time that terrorist suspects and others suspected national security threats may be held without being charged. Previously, there was no limit. Liz Gooch at the Times provides the details. The Harvard National Security Journal has posted this new article by Colonel Mark Holzer, who argues that the U.S, government should engage in "offensive warfare." He lays out his argument in the abstract:

[T]his article advocates broadening the national security policy discussion to include providing support to plaintiffs in terrorism related civil litigation domestically, to certain defendants in certain foreign criminal actions, to defendants in foreign civil litigation that is deemed to be related to the current conflict, and to plaintiffs pursuing foreign causes of action against terrorist organizations and their supporters.

Watch a video of Mark Martin's speech at Harvard Law School here. For more interesting law and security-related articles, follow us on Twitter, visit the Georgetown Center on National Security and the Law’s Security Law Brief, Fordham Law’s Center on National Security’s Morning Brief, and Fordham Law’s Cyber Brief. Email us noteworthy articles we may have missed at wakeman.lawfare@gmail.com and  singh.lawfare@gmail.com.