Even casual readers of this blog are likely aware of the longstanding (and thoroughly joined) debate between Ben and me with respect to how Congress ought to update / revisit the 2001 Authorization for t...

On Monday, a New York jury found the Palestinian Authority and the Palestinian Liberation Authority responsible for a series of terror attacks that killed and maimed American citizens in Israel from 2002...

I highly recommend that Lawfare readers peruse the annual the Worldwide Threat Assessment of the US Intelligence Community, as well as DNI Clapper’s opening statement before the SASC yesterday.  I read b...

Such is this gist of this quite important Motion to Grant Petition For Writ of Habeas Corpus, filed last night by attorneys for Guantanamo detainee Mukhtar Yahia Naji al Warafi.  His filing opens as foll...

Yesterday, after determining Deputy Defense Secretary Robert Work's requirement that military commission judges live at Guantanamo Bay may improperly interfered with the case, Col. James Pohl halted pret...

Last week, Ben’s NSA Constitution Day speech emerged after a long “declassification” process.  One puzzle Ben grapples with in this speech is why reasonable, educated Americans have--and will continue to...

The New York Times has an editorial today, calling for an arms control effort in cyberspace.  The Times effort is, honestly, a bit simplistic, as is its conclusion: The tougher challenge is on the global...

In our new book, Whistleblowers, Leaks and the Media, my co-editors and I talk at some length about what we characterize as the "fundamental tension" that lies at the heart of news reporting today involv...

Prepared Testimony of Robert Chesney Charles I. Francis Professor in Law Associate Dean for Academic Affairs Director, Strauss Center for International Security & Law The University of Texas at Austin Be...

Prepared Statement of Benjamin Wittes Senior Fellow at the Brookings Institution before the House Committee on Armed Services

At 10 am, Lawfare's Benjamin Wittes and Bobby Chesney, along with General Jack Keane, will provide testimony before the House Armed Services Committee today regarding the Obama administration's proposed ...

The Al Nashiri military commission proceedings returned Monday for what is scheduled to be two weeks of pre-trial motion hearings. After an off-the-record session in the morning, the commission picked up...

Wow.  This just in from J. Connell III, an attorney for 9/11 defendant Ammar al-Baluchi: WASHINGTON, DC-Today, a military commissions judge ordered a halt to the 9/11 case at Guantanamo Bay because Depar...

In a recent debate between NSA director Mike Rogers and Yahoo Chief Information Security Officer Alex Stamos, the topic of law-enforcement restricted access to encrypted communications once again came up...