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An Explainer on the Espionage Act and the Third-Party Leak Prosecutions
The press scandals keep on coming for the Obama Administration. -
Today’s Headlines and Commentary
In one of the strangest stories I’ve come across in a long time---and there have been many---news reports say an FBI agent shot and killed an Orlando man with ties to deceased Boston bombing suspect Tame... -
The Case for Drones
With President Obama's big speech tomorrow on counterterrorism policy at National Defense University in mind, Commentary Magazine has been nice enough to post today my June cover essay, "The Case for Dro... -
Our Testimony on Military Detention for Domestic Captures: Congress Should Foreclose This Defunct Option
Today we will appear before the House Judiciary Committee, and will argue that Congress should put to rest the question of military detention for domestic captures. More specifically, we will argue that... -
What Bill Keller Misses in Urging President Obama to Appoint a Special Counsel in the IRS Matter
Bill Keller of the NYT urges President Obama to order the Justice Department “to appoint an independent investigator with bulldog instincts and bipartisan credibility” to fully examine the IRS imbroglio ... -
The 2013 Lawfare Readership Survey
This time last year, we posted a readership survey that a larger number of Lawfare readers were kind enough to fill out. The results were extremely helpful, so we thought we'd do it again. -
Speaking the Law: Chapter 2
Just in time for the President's speech on Thursday, the Hoover Institution has released Chapter 2 of our serialized book: Speaking the Law: The Obama Administration's Addresses on National Security Law.... -
Administration Thoughts on the James Rosen Furor
An administration national security official writes in with the following thoughts on the furor over the warrant application against James Rosen of Fox News: There is a great deal of hyperventilation---m... -
Today's Headlines and Commentary
William P. Barr (former Attorney General), Jamie S. Gorelick (former Deputy AG), and Kenneth L. Wainstein (former Assistant AG for National Security) have this Times op-ed on the AP subpoena controversy.... -
HJC Hearing on Constitutional Rights of U.S. Citizens in the War on Terror
Ben and Bobby will be testifying in front of the House Judiciary Committee on "Protecting U.S. Citizens' Constitutional Rights During the War on Terror" at 10 am tomorrow at 2141 Rayburn House Office Bui... -
What the President Could Say in His Speech
On Thursday, President Obama will be giving a major address on national security and counterterrorism, styled as a companion to the 2009 National Archives address. That 2009 speech adopted a pragmatic a... -
Gmail and the CIA ... and China! ... and Fox News!
When I wrote, last week, about the insecurity of Gmail, I was intending to gently mock the idea that the CIA might have such a bad sense of how Gmail works (and the Terms of Service under which it is pro...
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