We understand that Judge Royce Lamberth did so this afternoon---apparently in light of the United States's decision, earlier this week, to withdraw its opposition to Idris's petition.  We don't yet have ...

When it comes to detention and drone strikes, both critics and supporters of the status quo assume that abandoning the armed-conflict model would have not just diplomatic and legal effects but also a sig...

The oral arguments in Monday’s D.C. Circuit en banc review of Ali Hamza al Bahlul’s military commission conspiracy conviction essentially came down to competing views of history. The government concedes ...

Two pieces in the news worth noting on the issue of secrecy v. transparency in the U.S. intelligence world.

I write often about the power of cyberspace and the threats that arise from it -- most recently in discussing how the Syrian Electronic Army is an important contingency to plan for during military operat...

That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama.  It begins: Respondents respectfully submit this response to Petitioner’s Motion...

Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...

Just as performers sometimes single out one member of the audience to reach, advocates in an en banc rehearing at a federal appeals court don’t always expect to win over a majority. The government showe...

As Ben noted yesterday, today Lawfare begins a cooperative project with the New Republic.  Today, I have a piece in the new Security States blog about cyber contingency planning for possible military act...

Friday's oral arguments in Ali v. Obama, a Guantanamo habeas appeal currently before the D.C. Circuit, focused primarily on the reliability of certain evidence used to connect the detainee in question to...

Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders: [I]f the story is accurate and not authorize...

A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...