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So What Does the New Republican Majority Mean for National Security Issues In Congress?
The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul... -
This Week's Hearing in <em>Al-Nashiri</em>
A little programming note here, y'all: today marks the first of a two-day, pre-trial hearing in the military commission case of United States v. Al-Nashiri. But Lawfare unfortunately won't be in the hou... -
Chief Prosecutor Statement on This Week's Hearing in <em>Al-Nashiri</em>
Brig. Gen. Mark Martins' remarks on the two-day pre-trial session, which commences today, can be found here. (Note that the hearing will proceed, despite the pendency of the United States' appeal of the... -
Detainee Transferred from Afghanistan to US for Trial: A Model for GTMO Closure?
A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holdi... -
On Journalists’ Claims for Immunity From Legal Accountability
I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim... -
How Not to Do Remote Computer Searches
Recently The Guardian reported on FBI demands new powers to hack into computers and carry out surveillance. The FBI is seeking to make several changes to Rule 41 of the Federal Rules of Criminal Procedur... -
D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case
The D.C. Circuit has just issued a per curiam order denying the detainees' petition for an en banc rehearing in Hatim v. Obama. -
"Lone Wolf Terrorism: Understanding the Growing Threat," by Jeffrey D. Simon
Published by Prometheus Books (2013) Reviewed by Ashley Green -
Axiom -- A Chinese APT
And just to prove that we are equal-opportunity victims, I also saw, today, this report from Novetta on "Operation SMN" -- a report on a Chinese APT dubbed Axiom. Here's a bit of the Executive Summary: ... -
Russian APT28
We tend to focus our attention on Chinese APT cyber threats for good reason -- they tend to be more overt and focus on American business interests. But we should not lose sight of the fact that Russian ... -
A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty
In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritor... -
The Convention Against Torture: Extraterritorial Application and Application to Military Operations
Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earl...
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