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My Speech at ODNI Legal Conference: "Toward Greater Transparency of National Security Legal Work"
I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6. The speech was entitled Toward Greater Transparency of National Security Legal W... -
Hersh's Account of the Bin Laden Raid is Journalistic Malpractice
When a journalist writes a tell-all story about a classified operation, and he suspects the story will catalyze anti-American anger, provide fuel for terrorist groups, and cause severe friction with fore... -
20 Senior Former CIA Officials Criticize NYT For Publishing Names of Covert Operatives
Twenty senior former CIA officials—including every CIA Director (including DCIs) dating back to William Webster (1987-91)—wrote a letter to the NYT to take issue with NYT Executive Editor Dean Baquet’s d... -
Today's Headlines and Commentary
On Sunday, Houthi rebels in Yemen accepted a five-day ceasefire offered last week by Saudi Arabia. The New York Times reports that the temporary truce would begin Tuesday night and allow for the delivery... -
Senators’ Questionable Claims about NSA Bulk Collection
On May 7th, 2015, the Second Circuit issued a ruling that declared the NSA’s bulk collection of Americans’ phone records was clearly unlawful under the Section 215 of the PATRIOT Act. The ruling provided... -
A Further Note on the Second Circuit, the DC Circuit, and Section 215
On Saturday, in writing about the Second Circuit's 215 decision, I mentioned the DC Circuit's pending Klayman case and its capacity to throw a wrench into the current debate: "Yes, it is possible---likel... -
The Week That Will Be
Event Announcements (More details on the Events Calendar) -
Philip B. Heymann: An Essay on Domestic Surveillance (Lawfare Research Paper Series)
Lawfare is pleased to announce the publication of a new -- and timely -- paper in the Lawfare Research Paper Series: An Essay on Domestic Surveillance, by Philip B. Heymann, law professor at Harvard Law ... -
"Reasonable Search" or "Reasonable Expectation of Privacy:" A Brief Reply to Orin Kerr on the 2nd Circuit's Decision
Thursday's 2nd Circuit decision striking down 215 ends with a brief, and unresolved, rumination on the impact explicit congressional authorization might have on a 4th Amendment analysis---if and when suc... -
The Foreign Policy Essay: The Danger of Politicized Intelligence after a Nuclear Deal
Editor’s Note: Part of the job of intelligence officials is to give bad news to policymakers. But should officials at times soften their assessments or otherwise pick their battles in order to maintain t... -
Audio of the Triple Entente Beer Summit!
The Triple Entente Beer Summit was a great success, with an audience that filled the Washington Firehouse loft and a cast that mashed up the Lawfare Podcast, Rational Security, and the Steptoe Cyberlaw P... -
A Few Thoughts on the Second Circuit's 215 Decision and Its Importance
From day one of the Snowden revelations, we all knew that the legal validity of the 215 program hinged ultimately on the capaciousness of a single word: "relevant." Even those of us who generally support...
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