From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa...

From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...

Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of...

Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit.  As the...

From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...

Yesterday, I noted the DoD report which, for the first time, reflected a determination by the US government that a number of cyber intrusions were "attributable directly to the Chinese government and mil...

Hmmmm. From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi...

Charlie Savage reported in the NYT today that the Obama administration “is on the verge of backing a Federal Bureau of Investigation plan for a sweeping overhaul of surveillance laws that would make it e...

Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...

John Rizzo, Company Man: Thirty Years of Controversy and Crisis in the CIA.  Publication date: January 2014.

As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (...

Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?"  His remarks begin as follows: Thank you, Mr. President and Members...

As Paul noted, a new Pentagon Report to Congress states: In 2012, numerous computer systems around the world, including those owned by the U.S. government, continued to be targeted for intrusions, some o...

As most readers are aware, in the midst of the national turmoil following the bombings in Boston, the House of Representatives passed a version of the Cybersecurity Intelligence Sharing and Protection Ac...

We've written a fair amount already about Chief Judge Lamberth's September 2012 decision regarding the Guantánamo detainees' continuing right of access to counsel (not to mention his March 2013 decision ...

OK ... it isn't that bad.  But it does say something when it is noteworthy that DoD has now officially acknowledged that the Chinese military are a source of cyber intrusions in the United States. The fu...

Two interesting and related developments in the Al-Bahlul appeal now pending before the D.C. Circuit: first, it seems that in mid-April, the accused had passed a note to a JTF-GTMO guard, in which Al-Bah...