Senators Joseph Lieberman, John Ensign, and Scott Brown have introduced a bill to amend the Espionage Act in order to facilitate the prosecution of folks like Wikileaks. The bill is confusingly called th...

This past week two detainees who lost their habeas merits appeals before the D.C.

A piece in today's Washington Post opens with the claim that the government has been caught up in illegal surveillance: "The federal government has repeatedly violated legal limits governing the surveill...

The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress.  That same day, it turns out, Vice Adm.

There are 48 proferred amendments to the FY 2011 Defense Authorization Act, and I'm not going to pretend to have read through them all. But I'm pretty sure that if I did, Amendment 4704--the only one I h...

Can an Iraqi citizen sue the U.S. government to get financial relief when U.S.

I was unaware when I wrote my post this morning that my frequent sparring partner Steve Vladeck had given testimony on the Espionage Act and related statutes this past spring. It is an excellent primer o...

Two weeks ago, I posted a question for Atlantic blogger Jeffrey Goldberg in light of some remarks he made to Nick Baumann of Mother Jones objecting to the targeting of Anwar Al Aulaqi. Goldberg had expre...

Amid the proliferating cries for prosecuting Julian Assange and shutting down Wikileaks--an undertaking for which, I should note, I harbor no small sympathy--a few people have noted that the Espionage Ac...

...then you'll want to keep up with Tung Yin (Lewis & Clark Law), a good friend and colleague who has established a channel on his always-interesting blog for just this purpose.  A sampling of his covera...

Michael Leiter, the Director of the National Counterterrorism Center, gave an important speech today at CSIS that touched on many topics, including an overview of the foreign and homeland terrorist threa...

Over at Mother Jones, Nick Baumann offers a thoughtful response to my post yesterday, which in turn responded to his earlier post on Al Aulaqi. I don't mean to respond further, since I think the exchange...

Secretary of Defense Gates on the significance of the latest wikileaks disclosures (via SWJ): But let me – let me just offer some perspective as somebody who’s been at this a long time. Every other gover...

Over at Mother Jones, Nick Baumann accuses me of arguing against straw terrorists. Quoting a Lawfare post from a little while back in which I posited that the alternative to reserving the option of letha...

Larkin and I were planning to post a detailed account of what the Wikileaks cables say about  Guantanamo resettlement efforts, but Charlie Savage and Andrew Lehren of the New York Times have beaten us to...

I’m surprised this statistic does not get more attention.  The Pentagon’s annual report to Congress on “Progress Toward Security and Stability in Afghanistan” ( required by § 1230 of the National Defense...

Representative Peter King has urged the State Department to consider designating Wikileaks a "foreign terrorist organization," which among other things would implicate 18 USC 2339B (the 1996 material sup...