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Thrift Savings Plan Cyber Breach
The Federal government acknowledged, on Friday, that a contractor operating aspects of the Thrift Savings Plan (the government's in-house pension plan) suffered a significant cyber breach. As a result o... -
Government Motion for Reconsideration in Hedges
The government has moved for reconsideration in the Hedges case. -
Second Circuit Allows Government To Withhold OLC Interrogation Memos and CIA Interrogation Records and Abu Zubaydah Photograph
The New York Times published an editorial yesterday criticizing Monday's decision by the Second Circuit in ACLU v. -
More on NYPD and Local Counterterrorism Intelligence
As I’ve argued previously here (at length) and here (briefly), if you are interested in government counterterrorism intelligence activities and privacy, don’t just pay attention at the federal level – th... -
Response to Samuel Moyn on “Power and Constraint”
Samuel Moyn’s review of Mary Dudziak’s book War Time, like the book it reviews, makes interesting points about “endless war.” Along the way Moyn says that my book Power and Constraint claims “that Barac... -
How to Destroy the Internet
I've lately been thinking of the scope and nature of cyber threats -- mostly in writing a still-in-draft response to Jack Goldsmith's recent defense of cybersecurity regulation. In the interest of furth... -
Today’s Headlines and Commentary
Lawyers for the accused in the September 11 case want George Bush and Barack Obama to testify, according to the Associated Press. In addition to the current and former president, Joe Biden, Eric Holder, ... -
"War Time: An Idea, Its History, Its Consequences," by Mary L. Dudziak
Published by Oxford University Press (2012) Reviewed by Samuel MoynConsider two views about what went wrong after 9/11 (if you think anything did).
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A "Gag Order" Regarding Members' Identities in the 9/11 Case?
The latest statement from the defense in United States v. Mohammed et al: -
Readings: Alan Rozenshtein on the NDAA and the President's Signing Statement
Lawfare's own Alan Rozenshtein has just published a short Note in the most recent Harvard Law Review explaining and critically discussing controversies surrounding the National Defense Authorization Act ... -
Piracy Convictions Affirmed by Fourth Circuit in Unnited States v. Dire
A Fourth Circuit panel has affirmed the convictions of the Somali pirates who in 2010 attacked the USS Nicholas, rejecting their contention that their failure to actually board (let alone seize) the ship... -
State Department Hackers?
The Associated Press is reporting that, Secretary of State Hillary Rodham Clinton says U.S. cyber experts hacked al-Qaeda propaganda online in Yemen, changing ads that bragged about killing Americans int... -
Eugene Kontorovich on Prisoner Trades and the Case for GTMO
The following is a guest post from Professor Eugene Kontorovich (Northwestern Law; Institute for Advanced Studies) Prisoner trades and the case for Gitmo A recent revelation provides an important new pe... -
More on Clapper and the Foreign Intelligence Surveillance Exception
I've gotten lots of helpful feedback both on- and offline re: yesterday's post on Clapper v. Amnesty International, and wanted to write in a bit more detail about (my understanding of) the foreign intell... -
Comments on the Arrested Doctor in Pakistan
A senior government lawyer writes in with the following thought on the Pakistani sentencing of Dr. Shakil Afridi, the doctor who helped the CIA locate Osama Bin Laden: -
Today’s Headlines and Commentary
A U.S. Airways flight from Paris to North Carolina was diverted to Bangor, Maine, after a French passenger gave a flight attendant a note saying that she had a surgically implanted device. The whole affa... -
Federal Court Evidence in the 9/11 Defendants' Military Commission?
Something to mull, while Judge Pohl ponders severance in the 9/11 case: whether the government’s evidence in the still-far-off-in-the-future military commission trial (or trials) also could be admitted i... -
Show Cause Order In the 9/11 Case Now Available
We reported last Friday on an order in United States v. -
Today’s Headlines and Commentary
More news from the NATO summit: Alliance leaders have formally agreed to a withdrawal from Afghanistan by 2014, reports the New York Times. -
Results of Our Reader Survey I
Thanks to everyone who took the time to fill out our readership survey. Nearly 300 people did so, and the result is a rich dataset of feedback, suggestions, concerns, criticism and gratifyingly, a great ...
More Articles
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Border Militarization Blurs the Distinction Between ‘Policing’ Immigration and ‘Combating’ Immigrants
NSPM-4, President Trump’s order on the military’s “mission for sealing the Southern Border,” obscures the fine-grained limits that ought to clearly and unambiguously regulate lethal force. -
Can the U.S. Government Compel States to Enforce Immigration Law?
Trump’s efforts to force state cooperation on immigration raise pressing questions about the constitutional limits of federal authority. -
Lawfare Daily: Andrew Bakaj on Whistleblowing and DOGE’s Activities at the NLRB
Discussing the declaration from a NLRB whistleblower.
