Picking up on the tail end of Tuesday's arguments on capital punishment, the prosecutor CDR Andrea Lockhart says that the government is ready to argue AE212, a defense motion seeking to strike the prosec...

As Wells mentioned earlier today, we will be in transcript mode for the remainder of this week's pre-trial motions proceedings in United States v. Al-Nashiri.

Big news over at the Department of Homeland Security.  Now in its 11th year, the Department continues to be operationally disaggregated into its component parts, with little of the cross-cutting economie...

What follows is a quick recap on the status of FISA transparency reporting (most of this was news in late January but is summarized here with some useful links) along with a couple of observations on wha...

A little reminder, for the military commissions-inclined and from Lawfare HQ: for the rest of this week, Lawfare unfortunately won't be almost-live-blogging pre-trial motions litigation in United States ...

Catherine Tucker, the Mark Hyman Jr.

My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters.

In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ...

The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option.

In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...