Senator Rand Paul has said he is "reserving judgment" about Edward Snowden, but nevertheless characterized Snowden's conduct as "civil disobedience."  Is that right? From Socrates through Thoreau, Gandh...

OMB has issued a Statement of Administration Policy (SAP) pointing out White House objections to various elements in pending NDAA legislation (H.R.

Wells already flagged yesterday's news re: General Martins' apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those br...

The White House has now officially announced the President's intent to nominate Stephen Preston as General Counsel of the Pentagon. The statement says in relevant part: Stephen W. Preston, Nominee for G...

With all the recent discussion of surveillance law and policy, it is easy to forget that we had recently been focused on other matters such as the scope of the still-operative 2001 AUMF. On that topic, ...

Many, of course, will doubt the power of data mining, geolocation and other cyber techniques to resolve ambiguities.  One would have thought, however, that Edwards Snowden the (in)famous NSA leaker would...

Pardon the interruption from all-things-surveillance, but pursuant to our back and forth with Bobby, Jack, Matt, and Ben on the merits of a new AUMF, Representative Adam Schiff, a senior member of the Ho...

You can't make this stuff up.  The Guardian has revealed its source to be NSA contractor Edward Snowden, who (not surprisingly) appears to be a fierce advocate of online freedom and privacy and who (perh...

[Editor's Note: Carrie Cordero is a frequent Lawfare guest poster, a former Justice Department official, and currently Director of National Security Studies at Georgetown University Law Center]  As some...

Four comments on today's Washington Post story (and the Verizon story on domestic and foreign data collection): First, today's Post story reminded me of this very interesting 2008 post from David Kris. ...

Apropos of Jack's post: here's the Chairman's mark of the National Defense Authorization bill for 2014. Among many, many other things, the draft legislation requires the Secretary of Defense to notify c...

One point of common ground in the debate at Lawfare over the continued viability of the AUMF (at least among Bobby and Matthew, Jen and Steve, and me – not sure about Ben) is that Congress should engage ...