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Well, the Cyber Intelligence Sharing and Protection Act passed the House last week. Now that the dust has cleared (and before we move on to the coming Senate battles) it’s probably worthwhile looking at...
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Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here.
Again, it is an...
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The news this morning is dominated by the KSM trial, with the alleged co-conspirators' arraignment taking place tomorrow.
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As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...
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Based on a longer article I’d written on this topic, the Hoover Institution published today my essay “Policing Terrorism”, in its institutional journal, Defining Ideas. Here’s how it begins:
In recent mo...
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Wells and I will be at Fort Meade for the KSM arraignment Saturday morning. In the meantime, I have written an oped in the Washington Post setting the stage and discussing the pivotal importance of this ...
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As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in ...
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Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of dete...
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I'm stoked to announce an exciting change in Lawfare's staffing. Wells Bennett, who has long been a Contributor to the site, is becoming a Special Correspondent, having left his law firm to devote himsel...
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Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments. Alas, we seem to be speaking past one another in various ways (for example...
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Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I'll spare readers from a comprehens...
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We’ll have a full recap of today’s oral argument in Hamdan v. United States up shortly.
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Abdul-Rahman Suleiman's petition for rehearing en banc in the D.C. Circuit Court of Appeals has been denied, as has his petition for rehearing.
Read our prior coverage here.
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The Washington Post's Greg Sargent poses an interesting question: If elected, does Mitt Romney intend to revoke President Obama's January 22, 2009 executive order on interrogation?
The order largely re...
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The ACLU has filed a motion for public access to the 9/11 trial in Guantanamo, says Carol Rosenberg at the Miami Herald.
Lest you were wondering what Donald Rumsfeld thinks of the decision to kill Osama...
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Last week we mentioned that the D.C. Circuit Court had affirmed the District Court's decision in Mashur Abdullah Muqbel Alsabri's habeas corpus case. It looked as though the Court was holding off on publ...
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Susan Landau is currently a visiting scholar at Harvard's Computer Science Department, formerly a Distinguished Engineer at Sun Microsystems, and the author of Surveillance or Security? The Risks Posed b...
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Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...
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I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...
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The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and R...
