Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit.  A few weeks ago the Second Circuit sent the parties this intriguing letter: Dear Counsel: The panel in the...

Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders: [I]f the story is accurate and not authorize...

A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...

Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful": Kri...

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...

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 ...

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...

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.

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...

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...

There has been much commentary about the fact that the new (and as yet unnumbered) U.N.

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 ...

* - Or, at least, it did over forty years ago. In a new piece at Foreign Policy, Matthew M.

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 ...

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...