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Today's Headlines and Commentary
The New York Times sat down with Edward Snowden this month. The most important take away from the in-depth and wide-ranging interview: Snowden says he did not take any secret files or documents with him ... -
A Very Brief Reply to Steve Vladeck
Let’s clear away the underbrush: The buried lede in Judge Walton’s letter of July 29---which is the one that matters---is the comparison of FISA scrutiny to that of district courts assessing Title III wa... -
Two FISA Data Questions for Joel Brenner
Although Joel's post from last night cites the wrong letter from Judge Walton to Senators Leahy and Grassley, this week's letter, which definitely does not bury the lede, does provide significant data on... -
The Data on FISA Warrants
Now we know: the Foreign Intelligence Surveillance Court bounces a quarter of the government’s applications for surveillance orders. This according to statistics released this week by the court’s chief... -
While We Were Watching The House . . .
. . .The Senate took action on a host of pending executive branch nominations on Wednesday evening after it passed legislation ending the shutdown. Two dozen civilian executive branch nominations, to be ... -
Jeh Johnson Chosen to Lead the Department of Homeland Security
Here's the news, from The Daily Beast's Dan Klaidman: The White House has settled on a former high-ranking Pentagon official to replace Janet Napolitano as Secretary of the Department of Homeland Secu... -
Interim Report by UN Special Rapporteur Ben Emmerson on Drones in Counterterrorism Operations
You can find the interim report---the final won't be submitted to the U.N. Human Rights Council until 2014, apparently---here. There's a good bit to pore over in the paper authored by Emmerson, with who... -
Today's Headlines and Commentary
Well that was fun. Shutdown over---for now. Default averted---for now. Now back to our regularly scheduled programming. Can we all agree not to talk about Ted Cruz for at least the next two weeks? It's ... -
Oral Argument Preview: Aamer v. Obama
Tomorrow at 9:30 a.m., D.C. Circuit Judges David S. Tatel and Thomas B. Griffith, and Senior Judge Stephen F. Williams will hear oral arguments in Aamer v. -
Shane Harris on Heritage and Lawfare
I really don't know what to say about this piece that Shane Harris posted last night at Foreign Policy, so I'm largely going to let it speak for itself: -
The Demise of Damages in Counterterrorism Cases
Via the New Republic's Security States blog, I have a new essay up on last week's Ninth Circuit decision in Hamad, and how it's part of the larger pattern of judicial hostility to damages suits in counte... -
Lawfare Podcast Episode #45: Tom Mann and Norm Ornstein on Political Dysfunction
Over the last few weeks, Benjamin Wittes and John Bellinger both have written on Lawfare about the government shutdown, Tea Party Republicans, and political dysfunction's implications for national securi...
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