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The distraction of the NDAA and the drone controversy led me to miss two other important lawfare developments in December: the Obama Administration asserted immunity for foreign government official defen...
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I have been beating this one the death, and will not for a while after this, but the gap between the supposed threat of cyberespionage and our response to it continues to amaze. From Ellen Nakashima, we...
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Now that the Senate Select Committee on Intelligence (just the senators, remember, not the staff) has gotten its hands on the OLC memos related to the targeted killing program, many others are jockeying ...
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At 9:01, Judge Pohl takes the bench, authority-emanating robes and all. All parties are present, including the five accused. Prosecutor Robert Swann notes the continued presence of FBI personnel and an...
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Senator Lindsey Graham threatened yesterday to block confirmation of Chuck Hagel and John Brennan unless President Obama provides more information about his knowledge of the Benghazi attacks.
I have gre...
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John is right to note that Obama gets more slack than Bush on some of his counterterrorism policies – namely, most if not all of the elements of the aggressive Bush policies that he continued and (in som...
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Your correspondents---Wells and Sophie---return to Fort Meade's Smallwood Hall, for almost-live CCTV hearings in United States v. Mohammed et al.
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Ryan Goodman has a timely and important new article, forthcoming in EJIL, entitled The Power to Kill or Capture Enemy Combatants. The Introduction to the piece (footnotes omitted) should draw many reade...
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Susan Landau is the author of Surveillance or Security?: The Risks Posed by New Wiretapping Technologies, a careful, clear, and informed book about how government mechanisms for surveillance (legal and o...
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John Bellinger makes note in his post below that that Obama administration faces increasing organized NGO, activist-advocacy, and European pushback on drone warfare, and he cites today's front page NYT s...
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You can find a copy here. An excerpt from the statement by Chief Prosecutor Brig. Gen.
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Folks, at 9:00 a.m. tomorrow, pre-trial hearings resume in the 9/11 case. As always, Lawfare will cover the four-day session, which we’ll observe remotely, via closed-circuit television.
The day report...
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Peter Baker, who is finishing a book on the Bush Presidency, has a long front-page article in the New York Times today entitled "Obama's Turn in Bush's Bind" discussing how the mounting domestic and inte...
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For those of you who have spent the weekend wondering what the next administrative change at Lawfare is going to be, wait no more. The advent of the Lawfare News Feed has made our news ticker (the rollin...
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This came in via Twitter today, from Lawfare reader and former Brookings intern, Meaghan Maher.
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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...
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Georgetown professor Anthony Clark Arend - old friend to many of us at Lawfare - has a new short post on whether judicial oversight of drones would be a good idea - or constitutional.
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Noah Feldman has a piece entitled Obama’s Drone Attack on Your Due Process, which concludes:
The white paper should have said that due process doesn’t apply on the battlefield. By instead making due proc...
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Continuing Lawfare's discussion of the Drone White Paper, we're pleased to publish the following guest post by Geoffrey Corn on the question of threat identification and the use of force; our thanks to h...
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Speaking of the John Brennan confirmation hearing, here's the video, courtesy of CSPAN:
