“Anyone who hoped that Iran’s nuclear agreement with the United States and other powers portended a new era of openness with the West has been jolted with a series of increasingly rude awakenings over th...

Wherein I eat crow, I double down on part of my criticism of the New York Times editorial page, and Shaker Aamer's lawyer responds to my post. 

The other day Rob Leob and Matthew Weybrecht reported on the failure of an effort by the US government to have a case challenging the No-Fly list dismissed. The suit was brought by Saeb Mokad who allege...

Nearly a year ago, Lawfare bought a bitcoin -- a piece of digital currency that exists only by virtue some rather complex and elegant mathematics but without the charecteristic of having been issued by a...

In yesterday’s post, we asked “What did the Navy do in the South China Sea?” That wasn’t a rhetorical question. The Department of Defense hadn’t yet clearly explained what the USS Lassen did during its...

Chinese jets release flares over a PLA vessel near the Spratlys (Photo: China Daily/Reuters)

Josh Gerstein has a story that quotes USG officials who confirm some of the points I made in my two recent posts on OLC.

In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v...

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 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...

When the Lights Go Out in the City

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...

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...

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...

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...