In December, East Timor initiated a case against Australia in the International Court of Justice.  The facts are out of a Tom Clancy novel.  In short, East Timor alleges that Australia bugged an East Tim...

Yesterday, I had the pleasure of recording a podcast discussion organized by the National Constitution Center on NSA, the President's speech on Friday, and the Review Group report. My interlocutor was Pe...

Late last month Marty Lederman flagged the President’s Review Group on Intelligence and Communications Technologies’ endorsement of the Front-Page Rule: That informal precept, long employed by the leader...

The estimable Gregory Johnsen has a lengthy article in Buzzfeed about the history of the AUMF. Entitled "60 Words and War Without End: The Untold Story of the Most Dangerous Sentence in U.S. History," th...

Today is the fifth anniversary of President Obama’s executive order directing the closure of Guantanamo within one year. I welcomed the President’s order at the time, but I commented on NPR and elsewher...

The long-running habeas case of

The New York Times reports today that former Representative Otis G.

That's the mixed message of this new poll from the Pew Center for the People and the Press, which also suggests---among other things---that President Obama's speech is not resonating all that much with t...

Tomorrow morning at 9:30 a.m., a three-judge panel of the D.C. Circuit will hear oral argument in the Guantanamo habeas case of Abdullah v. Obama. Before Circuit Judge Karen LeCraft Henderson, and Senior...

In his excellent analysis of the President's NSA speech and PPD-28, Ben suggests that there is less than meets the eye to the President's promise not to listen in on the conversations of foreign leaders ...