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I haven't been able to post much lately, and I won't be able to much for at least another six weeks. During that period I will be completing a book on how and why the Obama administration embraced so ma...
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I recommend that Lawfare readers spend some time absorbing the entirety of this press briefing last night by "senior administration officials." In particular, the following passage stands out and suggest...
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THE PRESIDENT: Good evening. Tonight, I can report to the American people and to the world that the United States has conducted an operation that killed Osama bin Laden, the leader of al Qaeda, and a t...
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It is better to be lucky than to be good, and we might well find out here that President Obama has lucked into this one. But it's worth pausing for a moment over the possibility that a significant strate...
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So stated the President just now. I would be extraordinarily surprised if anyone serious raised a legal objection to this [UPDATE: Or will some argue that the CIA, as opposed to the military, cannot law...
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...that:
1) He directed CIA to make killing or capture of Bin Laden top priority of war against Al Qaeda;
2) Last August, he was briefed on a possible lead on Bin Laden, hiding within a compound deep in...
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CNN now seems more confident of Pakistani participation in the operation.
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CNN is reporting Bin Laden killed in a mansion near Islamabad, which would seem dramatically to reinforce perceptions that he has had some measure of protection or, at least, blind eye from Pakistani int...
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This keeps getting more interesting. A moment ago I raised the question how critics would respond if this proved to be a drone strike. Now someone on CNN says it was a "human operation". Same legal qu...
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I'm not. I want to hear from Mary Ellen O'Connell on this. Was this strike--if it was, in fact, a drone strike--unlawful? Are the CIA personnel who conducted it war criminals?
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[SECOND UPDATE: Not a drone strike, and probably not a test of the legal questions raised by drones...see here.]
The President has not yet spoken to the public, but early reports indicate that UBL was k...
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...says CNN.
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CNN reporting. President to speak momentarily.
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Near the time we launched this blog last September (has it really only been half a year?), there was an impressive symposium on the topic of "lawfare" at Case. The articles for that symposium have now b...
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Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Pol...
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...but it is kind of sad, anyway, that some people are taking the opportunity of the Left's sliming of Paul Clement to begin attacking once again those Justice Department attorneys who in private practic...
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Barton Gellman just published this lengthy profile of FBI Director Bob Mueller in Time. I haven't read it yet but will post thoughts when I do.
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I have mixed feelings about this New York Times oped by the ACLU's Jameel Jaffer and Larry Siems of the Freedom to Write program at the PEN American Center, who are urging that government officials durin...
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...that every non-government employee in the world can discuss what the Wikileaked documents say about Guantanamo detainees except their own habeas counsel--who remain gagged as a consequence of their ob...
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I am delighted to announce that Kenneth Anderson has agreed to become Lawfare's new book review editor. As I noted a few weeks back, the volume of recent and forthcoming books of potential interest to re...
