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The Guantanamo cases have nothing on this opinion from the 7th Circuit in the Daoud case. (hat tip: Josh Blackman)
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As Wells reported this morning, Senate Judiciary Committee Chairman Patrick Leahy unveiled his version of the NSA reform bill today. Leahy’s bill is important because, well, it’s not just Leahy’s bill. I...
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Wow, that was quick. I haven’t even turned on the air conditioning at home yet, and already we’ve done the last podcast of the summer. The Steptoe Cyberlaw Podcast will go on hiatus for August and retur...
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Here is Senator Patrick Leahy's (D-Vt.) proposal to restrict various forms of surveillance--which he is discussing, at this hour, on the Senate floor. We hope to post some analysis of the bill shortly.
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The conflict between Israel and Hamas has intensified. The AP reports that Israeli Prime Minister Benjamin Netanyahu suggested that Israel should prepare itself for a drawn-out conflict, and that he has ...
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The Chinese government and its proxies have recently ratcheted up harassment of U.S. IT firms doing business in China. In the last week, China has deployed its antitrust laws against Qualcomm and Micros...
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A little postscript to my note about Friday’s vote in the House, regarding military operations in Iraq: this quite critical statement, which House Armed Services Committee Chairman Howard "Buck" McKeon r...
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Over at Just Security, Steve Vladeck objects to the piece Jack, Bobby, Matt and I wrote over the weekend on Lisa Monaco's AUMF comments at the Aspen Security Forum. He argues that we are over-reading her...
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Violence and confusion rages on between Israel and Gaza. Apropos of the latter, accounts differ as to whether and to what extent Israeli Defense Forces have taken responsibility for the shelling of a U.N...
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Nowadays figuring out what sort of post-2001 AUMF authority the White House wants is a bit of a tea leaf-reading exercise. Potentially relevant to it are the events of last Friday concerning the 2002 AUM...
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Six months ago today, I wondered aloud on this blog when President Obama might nominate a new Legal Adviser. At that point, the position had been vacant for over a year since Harold Koh stepped down in...
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Event Announcements (More details on the Events Calendar)
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While Lawfare readers have been focused on other parts of the world, federal appellate courts have recently issued two significant, and potentially conflicting (in result, if not reasoning), decisions in...
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Ellen Nakashima at the Washington Post reports that four U.S.
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Josh Gerstein of Politico reports that "[a] top White House official suggested Saturday that Congress pass new legislation to support Pre
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Editor’s Note: The Middle East makes strange bedfellows, and one of the oddest pairings is the de facto alliance between Iran and the United States in Iraq. Across the border in Syria, Iran and the Unite...
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Today’s Washington Post piece by Ellen Nakashima speaks of "going dark"---or the "growing gap between the government’s legal authority and its practical ability to capture communications." The article h...
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Last week, Professor Fernando Reinares, a senior analyst on International Terrorism at the Elcano Royal Institute, delivered a talk at Brookings on his new book, entitled in English, “Kill Them! Who was ...
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As we noted last week, Lawfare recently received 501(c)(3) tax exempt status. Ben offered thanks to those who have already donated---bringing us about halfway to our fundraising goal. For those of you wh...
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That is the headline to an article in the Winnipeg Free Press, which I came across today. The piece concerns recent proceedings in Omar Khadr's (stayed) appeal before the Court of Military Commission Rev...
