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PCLOB Public Meeting on 12333 Counterterrorism Activities
The proceedings will get underway at 10:15 a.m., at the National Constitution Center in Philadelphia. Witness testimony and other information can be found here; streaming video is below, too. -
The Normalization of Foreign Relations Law
Is foreign relations law really so different from the law governing domestic affairs? Should it be? We have a new article out this week in the Harvard Law Review that engages these questions in the conte... -
Today's Headlines and Commentary
A humanitarian ceasefire is set to begin in Yemen today. Fighting will stop at 11 pm local time so that shipments of food and medicine can be safely transported into the country. Reuters describes the hu... -
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...
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