Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit.  A few weeks ago the Second Circuit sent the parties this intriguing letter: Dear Counsel: The panel in the...

Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders: [I]f the story is accurate and not authorize...

A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...

Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful": Kri...

Raff already outlined the issues the en banc D.C. Circuit (minus Judge Srinivasan) will confront in tomorrow's oral argument in al Bahlul v. United States, and I have very little of substance to add to J...

We know about how difficult it has been to fill the top job at DHS.  It seems that the same is true of some of the career posts---especially the ones that deal with cybersecurity.  According to a recent ...

My fellow Americans, we have achieved a major victory in the War on Law Reviews. I’m thrilled to announce the next paper in Lawfare Research Paper Series: David Kris’s “On the Bulk Collection of Tangible...

Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States.

Mark Klamberg of Uppsala University Department of Law in Sweden writes in with the following guest post on European laws governing metadata collection and how it compares with U.S. law on the subject. It...

As the government lurches towards a likely shutdown on Tuesday, Tea Party Republicans should remember that the United States remains a country at war, not only in Afghanistan, but with al-Qaida and its a...