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Today’s Headlines and Commentary
Let’s start with something that isn’t drone- or John Brennan-related: cybersecurity (or the lack thereof). Richard A. Clarke has this op-ed in the Washington Post making the case for greater internation... -
Readings: Curtis Bradley, International Law in the U.S. Legal System
Lawfare is always pleased to note new books by friends and contributors, tag them as Readings, and encourage discussion of them here and around the web. So please welcome Curtis Bradley's brand-new book... -
Andrew Kent on the White Paper as a Plus for Civil Liberties
Here's a counter-intuitive view of the White Paper--from the always-interesting Andrew Kent: Although many critics with a strong civil liberties and human rights bent deplore the DOJ White Paper for vari... -
John Yoo on Targeted Killing White Paper
John Yoo has a piece in the WSJ which argues that the real problem with the White Paper is that it extends due process protections to enemy combatants on the battlefield, thereby threatening to diminish ... -
A FISC for Drone Strikes? A Few Points to Consider...
There is an increasing amount of talk about judicial review for at least some decisions to place specific persons on targeting lists for the use of lethal force outside of a combat zone (drones are not t... -
Detention, Prosecution, and Interrogation in Mali
I asked the other day what was becoming of the persons who presumably were being captured by French, Malian, or other forces fighting the Islamist extremists in Mali. Turns out there are a couple of ans... -
The White Paper and Due Process
The problems that Rick recently identified with how both the DOJ White Paper and its critics treat the concept of "imminence" --- specifically, that they are borrowing a concept generated in a domestic ... -
The US Government Position on Imminence and Active Self-Defense
(Updated and extended.) The White Paper's reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or bounds, ... -
Today’s Headlines and Commentary
It’s just one breaking story after another these days for us national security law folk! Kind of reminds us why we even bother. The White House will provide congressional intelligence committees with th... -
Preservation of Audiovisual Equipment Ordered in the 9/11 Case
That's the word from James Connell III, an attorney for 9/11 accused Ammar al-Baluchi. The commission's ruling---issued yesterday in connection with the case's much-discussed "who pressed the button" ep... -
Does the White Paper Take a New Approach to the Geography of Conflict?
Amid the flurry of writing about the White Paper’s approach to “imminence” – an important conversation, to be sure – little attention has been paid to a paragraph in the White Paper that seems to establi... -
John Brennan’s Unclassified Answers to Prehearing Questions
They can be found here, and (as is typical, and from the nominee’s perspective, desirable), they contain little news. In response to Question 7 on the CIA’s paramilitary role, Brennan says: “The CIA, a ...
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