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Government Bid to Shut Down Challenge To No Fly List Grounded
As memories of 9/11 continue to fade, courts are increasingly becoming bolder and more confident in asserting their oversight role over national security matters. Last week’s Sixth Circuit ruling in Mokd... -
The Triumph of the UK Surveillance State
The United Kingdom is a surveillance state, one far beyond the world envisioned by George Orwell. Between the GCHQ's efforts to bulk-record Internet traffic at the UK's borders, the modern data collected... -
Rational Security: The "Did You Miss Us?" Edition
We missed a week on Rational Security because Shane, Tamara, and I were all out of town last week. Did you miss us? This week, we talk about President Obama's decision to send 50 Special Forces members i... -
Hot Commodities: When the Lights Go Out in the City
When the Lights Go Out in the City -
Today's Headlines and Commentary
A joint U.S.-Russia military exercise over Syria? Certainly not, says the Pentagon, disputing Russian claims that the two nations conducted just such an exercise. -
Is Digital Injury “Real” Injury? Thoughts on Spokeo v. Robins
Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Mo... -
What Did The Navy Do In the South China Sea?
After the U.S.S. Lassen’s freedom of navigation operation (FONOP) in the Spratly Islands last week, we wrote that the Lassen and the accompanying P-8 Poseidon aircraft appeared to have conducted normal m... -
The US Navy’s “Innocent Passage” In the South China Sea May Have Actually Strengthened China’s Sketchy Territorial Claims
As David Bosco hinted in his insightful Lawfare post from yesterday on the US-China showdown in the South China Sea, it turns out that the much-heralded U.S. “freedom of navigation operation” (FONOP) las... -
Chief Prosecutor's Statement from Close of 9/11 Pre-Trial Hearings
Here is the statement from Chief Prosecutor Brig. Gen. Mark Martins at the close of a two-week series of pre-trial sessions in the military commissions case against five alledged 9/11 conspirators, Unite... -
Steptoe Cyberlaw Podcast, Episode #87: An Interview with Ari Schwartz
What good is CISA, anyway? Now that both the House and Senate have passed information sharing bills that are strikingly similar but not identical, the prospects for a change in the law are good. But wha... -
What Effect Could Chinese Military Reorganization have on the Recent US-China Cyber Agreement?
At the end of September, the United States and China reached an agreement that promising they would not engage in or support cyber espionage activity aimed at providing competitive advantage to commercia... -
For Sale in Moscow: "Support Assad" Shirts
An alert reader in Moscow just sent us this photograph of a t-shirt for sale in the Russian capital. It says, "Support Assad," along with what appears to be an aerial bombing picture. The bottom left say... -
10/29 Session: No, You Can’t Fire Your Attorney
Judge Pohl gavels the session to order. It appears, in contrast to some earlier pre-trial hearings, that almost all of the defendants are present in the court today. Only Mustafa al Hawsawi is the excep... -
My Putin Martial Arts Challenge on CBC and NPR
WBUR's "Here & Now" show on my martial arts challenge to Vladimir Putin:The Canadian broadcasting company ran
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Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate... -
Today's Headlines and Commentary
As the United States continues to modify its strategy in Syria, the New York Times writes that the new U.S. -
How Far Did the United States Go with the Lassen Operation?
Much of the coverage of the USS Lassen's maneuver near the Subi reef in the South China Sea presented the operation as a challenge to Chinese maritime claims and island-building operations. But in fact t... -
Jihadology Podcast: The State of Jihadism in Somalia: al-Shabab & IS
Harun Maruf comes on the show to discuss jihadism in Somalia. Some of the topics covered include: What al-Shabab has been up to since the Westgate Mall attack in Kenya Background on al-Shabab’s leade... -
More on the Decline of OLC
With Charlie Savage’s book out today, I can add to my post last week about the decline of OLC as a source of relatively independent, dispositive legal advice on national security issues within the Execut... -
Audio and Video of CIA-GW Conference on “The Ethos and Profession of Intelligence”
The other day, I was privileged to participate in the CIA and George Washington University's conference on "The Ethos and Profession of Intelligence." Here are videos and audio of all of the sessions. Th...
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Secretary Hegseth Ends WPS Program Despite Joint Staff Support
A Joint Staff memorandum reviewed by Lawfare casts doubt on Secretary Hegseth’s claim that troops “hate” implementation of the Women, Peace, and Security Act. -
Border Militarization Blurs the Distinction Between ‘Policing’ Immigration and ‘Combating’ Immigrants
NSPM-4, President Trump’s order on the military’s “mission for sealing the Southern Border,” obscures the fine-grained limits that ought to clearly and unambiguously regulate lethal force. -
Can the U.S. Government Compel States to Enforce Immigration Law?
Trump’s efforts to force state cooperation on immigration raise pressing questions about the constitutional limits of federal authority.
