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Over at the Emptywheel blog, Ms. Wheel (aka Marcy Wheeler) has this response to former Justice Department official Carrie Cordero's guest post of this morning. She notes that Senator Wyden responded at y...
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As soon as I saw this Wall Street Journal oped yesterday from Holman W. Jenkins, Jr., I thought to myself--and said to Ritika--we need to hear from Shane Harris on this. Now we have.
Jenkins had suggest...
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Gus Coldebella, former Deputy General Counsel (and Acting General Counsel) for DHS and now a partner at Goodwin Proctor write in with this addition comment on the liability provisions of the Lieberman-Co...
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Today, in preparation for the Lawfare Drone Smackdown, and to kill some time I might have spent productively, I decided to fly my drone around the Governance Studies offices at Brookings.
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Here is the Administration's Statement of Administration Policy on the Lieberman-Collins bill. On the regulatory provisions and the information-sharing liability provisions they are drawing a line in th...
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Apparently prompted by David Remes' motion regarding GTMO counsel access issues in Esmail [h/t Josh Gerstein at Politico], the government now has filed its own motion.
I've only glanced at the new filin...
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Ryan Radia, who works for the Competitive Enterprise Institute, writes in with a few a couple of addition points about the liability exemption provisions of the Lieberman-Collins bill in Section 706. He...
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I am officially declaring cybersecurity legislation to be today's big story of the day.
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Carrie Cordero, Georgetown's Director of National Security Studies and a former Justice Department official, writes in with the following account of a recent Cato Institute event (which, ahem, would have...
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Jonathan Horowitz of the Open Society Justice Initiative has largely positive comments on the new Army manual on avoiding civilian harm. It opens:
This month, Lawfareblog.com posted the U.S.
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In March, Congress passed the Stop Insider Trading in Congressional Knowledge Act (the STOCK Act), which was intended to prevent members of Congress from trading in securities based on non-public informa...
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I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also belo...
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I just received a very interesting email from Major John Harwood, USAF, whom I met recently at the MILOPS Conference in Singapore, in response to my post this morning about the coming Drone Smackdown:
I ...
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Word is that Senator Reid has filed cloture on the motion to proceed to consideration of the Lieberman-Collins bill. [UPDATE: At the request of two readers I've uploaded the latest version of the text ...
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Several stories have emerged about U.S. District Judge Colleen Kollar-Kotelly's ruling that the State Department doesn't have to make classified cables public irrespective of what WikiLeaks does with them.
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The other day, I was out flying my new drone, practicing for the Lawfare Drone Smackdown. Standing on my front porch, I flew it across the street and hovered over a couple of kids and their father, who w...
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Judge Pohl's docketing order, in which he adjusts the calendar in United States v. Mohammed et al. and announces the agenda for August's motions hearing, is now available.
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Following last week's motions hearing in Maqaleh and Hamidullah, the cases seeking habeas jurisdiction over the detention facility at Bagram, the petitioners in Maqaleh have filed a supplemental brief ar...
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The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case.
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This Friday, I'll be joining Benjamin Powell from WilmerHale (and formerly, inter alia, the General Counsel of the Office of the Director of National Intelligence) for a Federalist Society teleforum on C...
