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It is hardly a surprise that John Bellinger III is being attacked (here and here, for example) for his modest suggestion in the Washington Post the other day that Congress should update the AUMF.
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Late Saturday night the State Department released a strongly worded letter from Legal Advisor Harold Koh to Wikileaks founder Julian Assange and his attorney concerning the apparently imminent publicatio...
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Here at Lawfare, we don't take comments. Being very old-fashioned, we started this blog to express our opinions to a group of readers, not to create a bulletin board for those readers. We have gotten any...
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I traveled by air yesterday to be with my family for Thanksgiving. And to tell the truth I was kind of looking forward to the flight almost as much as I was the turkey and mashed potatoes. I've been dyin...
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Back on November 17, the Medill National Security Journalism Initiative held an excellent forum on legal issues surrounding targeted killing. The panel consisted of me and Gary Solis, author of the recen...
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John Bellinger argues in today's Washington Post for new framework legislation relating to counterterrorism - that is, for a new statute to supersede the AUMF. John concludes:
Nearly 10 years after the ...
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Marc Thiessen has taken a lot of heat for this argument in the course of defending TSA screening procedures:
Can any of us imagine the debate we’ve had in recent weeks unfolding in the days immediately f...
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I'm going to take a break from blogging for the next twenty-four hours, but before I go dark, I want to wish Lawfare readers all over the world a wonderful holiday. In particular, in light of Brig.
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Parwan, Friday, November 19, 2010 -- The week’s posts up until now—written on a Blackberry while we moved or found small spaces of time between engagements—position me finally to move from the definition...
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For the past three years, Geoff Corn and I have had the great pleasure of putting on a unique workshop event loosely directed toward a combination of JAGs and junior civilian scholars working on national...
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I received the following note from Andy Worthington in response to my earlier post about his article. I appreciate very much his clarifications, which read in relevant part:
My intention was not to descr...
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United States v. Kashmiri, a recent decision by a district judge in Illinois, provides a nice illustration of the process by which defendants in criminal cases may object to the admission of evidence der...
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This is how the always-entertaining British journalist, Andy Worthington describes critics of federal court trials, including--it seems--Jack and Bobby and me, which is kind of funny considering that we ...
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Gabor Rona of Human Rights First sent me yesterday the following thoughts on Linda Moreno's earlier comments concerning military commissions from a defense perspective:
“How is my client best served?” is...
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Khost, Thursday, November 18, 2010 -- Having outlined, in theory as well as in practice, the military’s and ROLFF’s proper counterinsurgency (COIN) role in Afghanistan, it is time to blog more pointedly—...
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It will come as a surprise to nobody who has followed the many exchanges between us Lawfare folks and Steve Vladeck that Steve has written a thoughtful objection to Jack and my oped and series of posts a...
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Today in Uthman v. Obama, a habeas merits appeal before the D.C.
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My post yesterday on Israeli airline security prompted the following response from reader Steve Checkoway, a computer science PhD candidate specializing in security issues:
Mr. Wittes is incorrect to wri...
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A few days ago, in response to comments by David Remes, I asked for thoughts from criminal defense lawyers as to whether they would rather defend a terrorist case in federal court or in a a military comm...
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Kandahar City, Wednesday, November 17, 2010 -- Counterinsurgency (COIN) theory—for that is what my last post describes—is only that: theory. The current reality in Afghanistan is that the rule of law rem...
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