Latest in Executive Branch
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Jacob Appelbaum on the OPM Hack
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The Functional Case Against Military Commission Trials of "Domestic" Offenses
As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two diff... -
Do the Russians and Chinese Have the Snowden Documents?
On Wired I wrote about the anonymous and fact-free London Times story about the Russians and Chinese decrypting Snowden's archives. My verdict: these countries, and others, almost certainly have the enti... -
The Attack on Belmokhtar and the Scope of the AUMF
It appears that the United States conducted an airstrike in Libya yesterday, targeting and killing Mokhtar Belmokhtar--a notorious Algerian terrorist who was once a member of GIA and GSPC, continued as a... -
Military Courts and Article III Functionalism: <br> What <em>Al Bahlul</em> Should Have Said
At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v. -
Zivotofsky’s Vindication (and the New York Times’ approval) of Signing Statements
It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky. -
Psychology and War Powers
The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surpr... -
An Approach to Ameliorating Press-IC Tensions Over Classified Information
I've been thinking about the exchange over the past couple of weeks---much of which took place on Lawfare---between the New York Times and the intelligence community over the naming of CIA undercover off... -
Al-Warafi's "End of War" Reply Brief
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo.... -
The NDAA, and the Latest in Passing the Buck on GTMO-Closure
On Thursday, the Senate Armed Services Committee passed its markup of the annual defense authorization bill by a vote of 22-4. Shortly after the vote, committee chairman Senator John McCain told reporter... -
Intelligence Officials’ Unpersuasive Response To the NYT’s Identification of Three Undercover CIA Officers
The New York Times identified three undercover senior CIA officials in an April 25 story by Mark Mazzetti and Matt Apuzzo about oversight of the CIA’s lethal drone operations. -
My Speech at ODNI Legal Conference: "Toward Greater Transparency of National Security Legal Work"
I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6. The speech was entitled Toward Greater Transparency of National Security Legal W...
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