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Homeland Security Committee's Cyber Bill a Missed Opportunity
Today, the House Homeland Security Committee marked up a cybersecurity information sharing bill that promised to be “the best of bunch” in terms of civil liberties protections among the cybersecurity inf... -
Polite Sabotage: The Attempt to Gut the Iran Oversight Bill by Amendment
This morning’s New York Times has an excellent article outlining the debate over Senator Corker’s Iran deal oversight bill---likely heading for mark-up tomorrow. -
What Might Congress Do To Stop the Obama Administration From Disregarding Congressional Transfer Restrictions In the Course of Closing GTMO?
Last week I explained how the Obama administration might extend it constitutional arguments for disregarding statutory detainee transfer restrictions in the Bergdahl context to the restrictions on transf... -
More on the Legal Basis for the Administration’s Disregard of Congressional Restrictions on Detainee Transfers in the Bergdahl Context, and on the Implications for Closing GTMO
Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl: To say that the President disregarde... -
Key Documents on the Iran Deal
For those who want the key primary source materials on yesterday's Iran nuclear deal, here they are. The US Government issued a fact sheet on the parameters of the Joint Comprehensive Plan of Action (JC... -
Entertainment IS Critical Infrastructure -- Who Knew?
I stand corrected. Yesterday, in my post about the new cyber-sanctions EO I made the point that it wouldn't apply to the Sony hack because Sony was not critical infrastructure. I was wrong, as several... -
A Worry About the New Executive Order on Sanctions for Malicious Cyber Activity
As Paul Rosenzweig noted earlier today in Lawfare, the President just signed out an Executive Order that can result in the imposition of financial sanctions on a variety of bad actors that ply their trad... -
Executive Order on Cyber Sanctions
President Obama has, today, issued an executive order entitled, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities." On first glance it looks like a str... -
Private Defamation Action Dismissed on State Secrets Grounds
This is a very interesting case. The other day, federal district judge Edgardo Ramos in New York threw out a defamation lawsuit between two private parties on the government's intervening motion assertin... -
Bowe Bergdahl Charged with Desertion
That's the news from the Washington Post this hour. Sgt. Bowe Bergdahl, the U.S. soldier who lived in Taliban captivity for five years and was ultimately released in exchange for five Taliban militants h... -
FBI 9/11 Commission Releases Report
The FBI 9/11 Commission has released its congressionally mandated report on the "implementation of the recommendations related to the FBI that were proposed by the National Commission on Terrorist Attack... -
Who’s Afraid of the Iran Nuclear Agreement Review Act of 2015?
Last Friday The Hill reported that Senator Corker believes he “will have a veto-proof majority” to enact the “Iran Nuclear Agreement Review Act of 2015” (INARA). Below is my analysis of the Bill.
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