The former counterterrorism czar reaches this conclusion because the operation had lawyers’ fingerprints on it.  From an interview with Ron Rosenbaum in Smithsonian Magazine: “I think it’s pretty clear t...

An interesting development in the military commission case against Khalid Sheikh Mohammed and his four alleged September 11 co-conspirators: The government has added charges of intentionally causing seri...

Last week, we brought you the first sets of filings in Moath Hamza Ahmed Al Alwi's petition for a writ of certiorari.

Comparing the role of the Supreme Court in the health care debate and the national security debate, Orin Kerr writes at Volokh Conspiracy: If the Court does end up striking down the mandate, this will be...

In Law and the Long War, Ben described a cyclical process in which civil liberties and human rights NGOs would criticize the Bush administration’s detention standards and policies on GTMO, the Bush admin...

Representatives Mary Bono Mack (R-CA) and Marsha Blackburn (R-TN) have introduced a companion cybersecurity bill in the House of Representatives that is said to be identical to the McCain Senate proposal.

Earlier this week, I wrote a short blog suggesting the need for an international component to the cybersecurity information sharing proposals pending in the Senate.  In the interests of doing the idea fa...

Senator Johnson has an op-ed in today's Hill on the pending Senate cybersecurity legislation.  Here is  a small taste of what he says: "[P]roposals in Congress, advocated by the White House, would give ...

Brookings hosted General John Allen, commander of the International Security Assistance Force, for a discussion today of the U.S. and NATO mission in Afghanistan today.

United States v.

This morning the Supreme Court released its opinion in Zivotofsky v. Clinton. In an 8–1 decision, it reversed the lower courts' dismissal of Menachim Zivotofsky's suit to have "Jerusalem, Israel" listed ...

Kate Martin of the Center for National Security Studies writes in with the following response to a post of mine last week on military commissions: I write simply to correct a bit of history.   In writing...

Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos's guest post last night on Hamdan, conspiracy, and history: There is, however, a basic problem with Thravalos’...

I received this evening a most extraordinary guest post. It isn't every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a ...

I spoke last Friday at a symposium hosted by the Canada-US Law Institute  at Case Western Reserve University School of Law, where the topic of the day was “The New Perimeter Initiative.”  [For those who ...

The election that matters ... Carl Schmitt for County Supervisor.

Greg Miller of the Washington Post has this excellent profile of Roger, the enigmatic head of the CIA Counterterrorism Center and a principle architect of the drones program.