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This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week:
The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...
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Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute...
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What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it...
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Professor Mike Lewis (Ohio Northern University's Pettit College of Law) writes in with the following guest post:
There Is No Transparency Requirement for Drone Operations
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Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds.
Section 1035 of the 2014 NDAA authorizes the Def...
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Here's the long-awaited ruling. It concludes, in short, that a federal statute implementing a treaty prohibition against chemical weapons does not reach the conduct of petitioner Carol Anne Bond.
The C...
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Rahul Sagar is Associate Professor at Yale NUS and the author of the terrific and timely Secrets and Leaks: The Dilemma of State Secrecy (reviewed favorably by Steven Aftergood on Lawfare and Eric Posner...
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On Saturday, after five years in Taliban captivity, Sgt Bowe Bergdahl, 28, the last American prisoner of war in Afghanistan, was freed in exchange for five Afghan Guantanamo detainees.
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Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him:
It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp...
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Event Announcements (More details on the Events Calendar)
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One new policy proposal contained in the President’s West Point speech from Wednesday was a Counterterrorism Partnerships Fund, which would facilitate counterterrorism training for U.S. partner countries...
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Editor’s Note: The Pakistani people’s deep opposition to U.S. drone strikes against targets in Pakistan is common wisdom, and some observers see the associated anger as a major source of the country’s ra...
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Today’s Washington Post contains an interesting article about the backgrounds of the five released Taliban detainees entitled "Freed prisoners were battle-hardened Taliban commanders."
According to the ...
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Brookings held a great event this week, entitled: "The Allure of Normalcy: America’s Leadership in the World and President Obama’s Foreign Policy." It featured Robert Kagan on his impressive new essay in...
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Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo:
WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod...
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Let’s start this week with famous American expatriate, Edward Snowden, whose interview with NBC’s Brian Williams aired on Wednesday. Ben was "unmoved" by it, pointing to Snowden’s unwillingness to submit...
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No open session today, either; only an ex parte, in camera session between the court and prosecutors.
Which is to say: this week's hearing has come to a close, so far as Lawfare's coverage is concerned....
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As Ritika mentioned in yesterday’s news coverage of the Williams-Snowden interview, the latter claimed that he initially sought to alert NSA officials to his concerns---among other things by emailing the...
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Let’s give Edward Snowden his due: He did himself a lot of good in his interview with NBC’s Brian Williams, which aired last night. He presents well, coming across as earnest, thoughtful and intelligent....
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The ODNI Tumblr site today posted April 2013 e-mail correspondence between Edward Snowden and the NSA's Office of General Counsel---the only such correspondence NSA says it has found.
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