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Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab...
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There are at least three noteworthy elements in the WP’s story this morning about intelligence committee “approval” of “CIA weapons shipments to opposition fighters in Syria.”
First is the fact that the...
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Last week, I posted these thoughts on the remaining mystery surrounding what the 2004 dispute that led to the famous hospital room showdown. I offered a couple of theories, based on Snowen-disclosed docu...
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It's a big news day in national security law for all kinds of reasons---one being today's opinion from the Fourth Circuit in United States v. Sterling.
That, of course, is the prosecution against a fo...
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Bob Litt, general counsel to the DNI, is speaking at the Brookings Institution at this hour on "Privacy, Technology and National Security: An Overview of Intelligence Collection." His prepared remarks ar...
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When the Verizon telephony metadata issue first broke, I posed the following question about the government's legal position:
Because we have only the order itself, not the application that underlies it, ...
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One of the most illuminating documents Edward Snowden has disclosed is this draft 2009 report by the NSA inspector general, which the Guardian released late last month.
The report, beyond the brief flur...
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This morning both the WSJ (behind paywall) and NYT have stories on how law and lawyers have influenced the changing USG posture on intervening in Syria. The gist of the WSJ story is that administration ...
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The United States is pressing hard to get hold of National Security Agency leaker Edward Snowden. But if and when Snowden is apprehended, what then? This question deserves attention, too, because the den...
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Available here.
This report is Attorney General Eric Holder's response to President Obama's order of a review of departmental policies with respect to the media.
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Imagine for a moment that the extended network around Lawfare were a terrorist organization. And imagine as welll that the NSA or the FBI wanted to use their now-very-public metadata analysis programs to...
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An Irish court rules on the subject---in response to U.S. requests for extradition help. The opinion is actually an interesting window into U.S. efforts to get countries to impede Snowden's travel. Botto...