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Order Denying the Constitution's Presumptive Application in the 9/11 Case
Remember that order, in which the military judge denied a defense request to presume the Constitution's application in the 9/11 case? The ruling wasn't available earlier---it hadn't yet cleared securit... -
Today’s Headlines and Commentary
The day’s top news story is that Al Qaeda in the Islamic Maghreb militants have taken at least seven U.S. citizens hostage, in a takeover of Alergia's In Amenas gas field. SecDef Leon Panetta has called... -
Readings: Rebecca Ingber, 'Interpretation Catalysts and Executive Branch Legal Decisionmaking'
Columbia Law School scholar and former State Department lawyer Rebecca Ingber has posted to SSRN a new article forthcoming in the Yale Journal of International Law, "Interpretation Catalysts and Executiv... -
Today's Headlines and Commentary
There was an attack today on the headquarters of Afghanistan's intelligence agency. At least one person has been killed, say Kevin Sieff and Sayed Salahuddin of the Washington Post. -
Political Branch Determinations and Conflict Pre-9/11: Motion to Dismiss Denied in Al-Nashiri
This is interesting. Judge James Pohl yesterday denied---without prejudice---a key motion to dismiss (AE 104) brought by lawyers for Abd al Rahim Hussayn Muhammad al-Nashiri. In summary, the defense ha... -
Lawfare Podcast #24: Federal Public Defender Miriam Conrad on the Rezwan Ferdaus Case
Rezwan Ferdaus, a 26-year-old U.S.-born citizen of Bangladeshi origin, was arrested in September 2011 for plotting to attack the Pentagon and the Capitol Building with remote-controlled model airplanes c... -
New Additions to the Lawfare News Feed
I have added several new feeds to the Lawfare News Feed: The Washington Post's national security feed; The Long War Journal; The -
The Logic of Cyber-Regulation Seen in Iranian Cyber-Attacks on U.S. Banks
The WSJ reports that U.S. banks “are pressing for government action to block or squelch what Washington officials say is an intensifying Iranian campaign of cyberattacks against American financial instit... -
On the Constitution's Presumptive Application in the 9/11 Case
Judge James Pohl apparently has rejected the defense's bid, in the 9/11 case, to presume (subject to rebuttal) the Constitution's application to military commission proceedings. We don't have the court'... -
Today's Headlines and Commentary
Pakistan’s Supreme Court has ordered the arrest of the country’s prime minister, Raja Pervez Ashraf, over allegations that he took millions of dollars in kickbacks during the construction of two electric... -
Rick Pildes and Nick Rosenkranz Debate the Treaty Power at Volokh Conspiracy
Lawfare readers might be interested to follow a Volokh Conspiracy online debate between Lawfare senior contributor/NYU professor Rick Pildes and Volokh blogger/Georgetown professor Nick Rosenkranz on whe... -
Growing USG Support for the French Intervention in Mali
The Sunday NYT story on the French intervention in Mali noted that the United States had long trained Mali forces but had also long believed that “a Western assault on the Islamist stronghold could rally...
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