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Guantanamo detainees have filed their response brief in the D.C. Circuit appeal of Hatim v. Obama, the "counsel access" case.
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The world was consumed with the debt ceiling crisis and the shutdown this week, a topic on which Lawfare had only a limited amount to say. Ben stated the obvious: that the government shutdown is a nation...
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This week was pledge drive on Washington's major NPR affiliate: WAMU. If you're like me, NPR pledge week involves a certain disruption in daily schedule. NPR is one of my major news sources. But I tend t...
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Here’s a read-out from today’s oral argument in Aamer v.
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As Ben noted, the Foreign Intelligence Surveillance Court (FISC) has redacted and made available another memorandum and primary order dealing with Section 215 telephone metadata collection.
Two things s...
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Get yer copies of the memorandum and primary order here. (Other less interesting documents here and here.) I'll write up my thoughts as soon as I have any.
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Over at TNR's Security States, Matt and I have a new piece about international calls to ban autonomous weapon systems. It begins like this:
What if armed drones were not just piloted remotely by humans ...
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The New York Times sat down with Edward Snowden this month. The most important take away from the in-depth and wide-ranging interview: Snowden says he did not take any secret files or documents with him ...
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Let’s clear away the underbrush: The buried lede in Judge Walton’s letter of July 29---which is the one that matters---is the comparison of FISA scrutiny to that of district courts assessing Title III wa...
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Although Joel's post from last night cites the wrong letter from Judge Walton to Senators Leahy and Grassley, this week's letter, which definitely does not bury the lede, does provide significant data on...
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Now we know: the Foreign Intelligence Surveillance Court bounces a quarter of the government’s applications for surveillance orders. This according to statistics released this week by the court’s chief...
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. . .The Senate took action on a host of pending executive branch nominations on Wednesday evening after it passed legislation ending the shutdown. Two dozen civilian executive branch nominations, to be ...
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Here's the news, from The Daily Beast's Dan Klaidman:
The White House has settled on a former high-ranking Pentagon official to replace Janet Napolitano as Secretary of the Department of Homeland Secu...
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You can find the interim report---the final won't be submitted to the U.N. Human Rights Council until 2014, apparently---here.
There's a good bit to pore over in the paper authored by Emmerson, with who...
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Well that was fun. Shutdown over---for now. Default averted---for now. Now back to our regularly scheduled programming. Can we all agree not to talk about Ted Cruz for at least the next two weeks?
It's ...
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Tomorrow at 9:30 a.m., D.C. Circuit Judges David S. Tatel and Thomas B. Griffith, and Senior Judge Stephen F. Williams will hear oral arguments in Aamer v.
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I really don't know what to say about this piece that Shane Harris posted last night at Foreign Policy, so I'm largely going to let it speak for itself:
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Via the New Republic's Security States blog, I have a new essay up on last week's Ninth Circuit decision in Hamad, and how it's part of the larger pattern of judicial hostility to damages suits in counte...
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Over the last few weeks, Benjamin Wittes and John Bellinger both have written on Lawfare about the government shutdown, Tea Party Republicans, and political dysfunction's implications for national securi...
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Abu Anas al-Liby, whom U.S. special forces snatched from Libya and deposited aboard the U.S.S.San Antonio, pled not guilty to conspiracy charges in Manhattan's Federal District Court yesterday.
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