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Raff already outlined the issues the en banc D.C. Circuit (minus Judge Srinivasan) will confront in tomorrow's oral argument in al Bahlul v. United States, and I have very little of substance to add to J...
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We know about how difficult it has been to fill the top job at DHS. It seems that the same is true of some of the career posts---especially the ones that deal with cybersecurity. According to a recent ...
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My fellow Americans, we have achieved a major victory in the War on Law Reviews. I’m thrilled to announce the next paper in Lawfare Research Paper Series: David Kris’s “On the Bulk Collection of Tangible...
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Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States.
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Mark Klamberg of Uppsala University Department of Law in Sweden writes in with the following guest post on European laws governing metadata collection and how it compares with U.S. law on the subject. It...
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As the government lurches towards a likely shutdown on Tuesday, Tea Party Republicans should remember that the United States remains a country at war, not only in Afghanistan, but with al-Qaida and its a...
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There has been much commentary about the fact that the new (and as yet unnumbered) U.N.
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A rather important hearing was held Thursday, in the Senate Select Committee on Intelligence.
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I had an interesting exchange on Twitter this morning with Glenn Greenwald about his description of me as a "virulent NSA defender." He has now posted the following update to the post in question, which ...
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* - Or, at least, it did over forty years ago.
In a new piece at Foreign Policy, Matthew M.
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Today, we start with Syria and – for once – some constructive news. The United States, Russia, UK, China and France have come to an agreement in the United Nations Security Council that “would require Sy...
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For the Senate Intelligence Committee hearing yesterday, I prepared a written statement for the record, and I had intended merely to summarize that statement in my oral presentation. Two things happened ...
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The NYT has the text of the draft UN Security Council Resolution on Syria. The most important paragraph is the penultimate one, which states that the Security Council “[d]ecides, in the event of non-com...
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Friday morning, a three-judge panel of the D.C. Circuit will hear oral arguments in a habeas appeal brought by Abdul Razak Ali, who also goes by the name of Saeed Bakhouch.
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According to Daniel Klaidman at The Daily Beast the Administration has already had two candidates decline the offer to become the next Secretary of Homeland Security. The delay is troubling -- the more ...
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Below you'll find links to all the prepared testimony associated with today's open hearing, a rarity, before the Senate Select Committee on Intelligence:
Panel I (joint statement)
Director of National...
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The following is my my prepared statement for today's hearing of the Senate Select Committee on Intelligence.
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The United States Department of State has renewed its global terror alert, urging all Americans to “maintain a high level of vigilance.” The renewal comes right after the terrorist attack on a shopping m...
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Over the past week, we have both spent a fair bit of time at NSA and engaging with the agency.
On Monday, Bobby helped arrange for a small group of scholars to spend the day at the agency, meeting with ...