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Well, here's the "publicly circulating" draft of the executive order on cybersecurity, helpfully entitled: White House Draft Executive Order (Publicly Circulating Copy - 11-1-12). Note however that is d...
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The top story of the day should be about the results of a Department of Energy investigation into the security of our nuclear facilities. Turns out that a contractor sent the questions and answers for a ...
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The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expir...
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Back in March, we posted this teaser for our then-draft chapter on civil liberties and executive power during the War of 1812 which, as you all know, is celebrating its 200th anniversary this year. The b...
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Hurricane Sandy may have put your life on pause---and it shuttered Brookings, and hence, Today's Headlines and Commentary for two days---but the world continues to turn.
From the Pakistan Tribune comes ...
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Peter Margulies of Roger Williams School of Law writes in with the following comments on Hamdan II--following up on his post immediately after the decision:
Even if one agrees with the Hamdan II panel th...
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Over at Opinio Juris, Kevin Jon Heller notes a new draft article he has posted on SSRN regarding the legality of signature strikes under international law. Kevin assures me that "Lawfare types certainly ...
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Cornell's Jens David Ohlin has this interesting post over at his LieberCode blog, arguing that support offenses are far less necessary than Americans tend to think. It opens:
A pair of recent court deci...
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One last post on Hurricane Sandy. President Obama seems to get it even if the New York Times doesn't. As he said on Monday:
The most important message that I have for the public right now is, please li...
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I guess the NY Times op-ed has me a bit worked up. So I went and did a bit more digging around on the basic question of whether or not Big Storms Require Big Government. Here's what I learned today. F...
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I do not normally share Ben's disdain for the New York Times editorial page. They are who they are and you know what you are going to see on their page before the publish it. But today's editorial on H...
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Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...
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Gabor Rona of Human Rights First took some time out from today's hurricane to send me the following thoughts on my post from Friday engaging Glenn Greenwald on the subject of counting civilian casualties...
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All of DC is closed today as Hurricane Sandy comes ashore. But the Old Guard continues its vigil. I thought Lawfare readers might appreciate this photo:
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Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...
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Particularly astute readers who have been carefully combing the site over the past five minutes may have noticed that our "search" bar has changed subtly and now includes check boxes that allow users to ...
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Ellen Nakashima of the Washington Post wrote over the weekend about “when is a cyberattack an act of war.” Focusing on Secretary of Defense Panetta’s recent speech warning of cyber-Pearl Harbors and on S...
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In my book Power and Constraint, I argued that the ACLU/CCR al-Aulaqi lawsuit “was merely an early battle in a long war over the legitimacy of U.S.
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That is the headline in a story in Thursday’s Guardian, which begins:
Britain has rebuffed US pleas to use military bases in the UK to support the build-up of forces in the Gulf, citing secret legal advi...
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I am hereby ending my boycott of Glenn Greenwald.
I'm doing it not because his latest post about me refrained from personal attack or adopted the sort of civil tone to which I think the public debate sh...
