Everyone seems to be talking about private sector active defenses these days -- but we all seem to be focused on domestic American law (witness the debate between Stewart Baker and Orin Kerr).  That got ...

The BBC is reporting that British forces have been holding up to 85 Afghan detainees at a base in Afghanistan, some for as long as 14 months.   A British official is quoted as saying "Many are either sus...

Robin Simcox, research fellow at the Henry Jackson Society in London---who wrote this guest post for Lawfare last year about control orders in the UK---writes in after last week’s horrific terrorist atta...

Washington Post national security reporter Greg Miller has an excellent story in Sunday's paper on the operational role of the CIA in drone warfare.  Back at the time of the Brennan confirmation hearings...

Those who are fans of the classic Bill Murray movie Groundhog Day will be forgiven if they see echoes of that story line in the immigration reform bill.  For much as Murray is seemingly doomed to repeat ...

Bobby’s post from Friday argued that “the current shadow war approach to counterterrorism doesn’t really require an armed-conflict predicate–or an AUMF, for that matter.”  Bobby’s point is that most if n...

The major challenge to legitimating the shadow war against terrorists is that the Executive branch is hand-tied by its own secrecy rules, and cannot disclose what it is doing to permit Congress and the A...