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Skepticism about Supposed White House and Intelligence Committee Ignorance About NSA Collection Against Allied Leaders [UPDATED]
Count me as very skeptical about the suggestions in recent days that neither the White House nor the congressional intelligence committees knew about NSA collections against leaders in allied countries. ... -
New Lawfare Contributing Editors: Orin Kerr, Gabriella Blum, and Ingrid Wuerth
I'm delighted to announce three new additions to Lawfare's masthead. Orin Kerr, whose first post ran this morning, is the Fred C. Stevenson Research Professor of Law at the George Washington University ... -
Is the Supreme Court Likely to Rule on FISA Section 702?
The Justice Department recently changed its policy on notice to criminal defendants about the use of evidence derived from surveillance under Section 702 of FISA. -
Additional NSA Declassified Documents on 215 Collection
I have not read these yet but will do so over the next few days and offer thoughts and summaries as I do. -
On The Timing of a Trial in the 9/11 Case
We're a long ways way off from a trial in United States v. Mohammed et. al. That's the essence of my Security States piece, which went up today. It begins: So when will the 9/11 case go to trial, any... -
Today’s Headlines and Commentary
Syria continues its cooperative streak. On Sunday, the country filed its initial plan to destroy its chemical weapons arsenal---three days ahead of schedule, no less---according to a statement released b... -
The "NSA Affair" Goes Criminal in Germany
The "NSA Affair" still commands German headlines. Over the weekend, the news was dominated by the fit-for-a-spy-novel revelations that the top floor of the U.S. Embassy on Pariser Platz (overlooking the ... -
The German Intelligence Agencies Are Coming to Town
Back in early September, I discussed Germany’s deep concern about allegations that the United States had been conducting surveillance on foreign leaders’ email and phone conversations. At the time, Germ... -
Gabor Rona of Human Rights First Responds...
...to my revised meta-study of drone strike casualties. Ritika Singh's updated meta-study of drone strike casualties reaches exactly the right conclusion: the more we hear from non-government sources, t... -
No Longer Hunger-Strikers: DOJ Files Letter in Aamer v. Obama
On Thursday the Justice Department filed a letter notifying the D.C. Circuit that none of the four Guantanamo detainees protesting government force-feeding in Aamer v. Obama are any longer designated hun... -
Louise Arbour on ICC and R2P
Louise Arbour, president of the International Crisis Group, delivered a very powerful critique last week of existing doctrines and frameworks for promoting international justice, humanitarian protection,... -
U.S. Notifies Criminal Defendant of Its Intention To Use FISA Information Against Him
In what could be a consequential move, federal prosecutors this week informed a man accused of providing material support to the Islamic Jihad Union ("IJU") that they intend to "offer into evidence or ot...
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