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Federal Judge Enjoins Section 1021 of the FY2012 NDAA
Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing... -
Retired Admirals and Generals Endorse Smith-Amash Amendment
The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe... -
Today’s Headlines and Commentary
Don’t be a bonehead: If you haven’t already done so, please fill out our Reader Survey! Let’s begin with drones (which will get you if you don’t fill out the Reader Survey). The Washington Post reports... -
The Lawfare Readership Survey
For those who may have missed this, I'm moving it back to the top of the blog. The more responses we get, the more useful it will be. We'd love to get feedback on the site. We'd also like to learn more... -
Some Thoughts on the New NDAA and the Smith-Amash Amendment
I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t... -
White House: Unspecified Concerns Re NDAA FY'13 Provision on Military Activities in Cyberspace
The White House SAP on HR 4310 (NDAA FY'13) also has a brief reference to the proposed "military activities in cyberspace" provision, but it does little more than flag that the White House intends to eng... -
White House Threatens Veto of NDAA FY'13 Bill in Relation to Detainee Provisions
The White House has issued a SAP (Statement of Administration Policy) threatening to veto HR 4310 (the NDAA FY '13) on various grounds, including objections to the detainee provisions found in sections 1... -
Yes, the EU has a navy, sort of...
As Raffaela noted in today's news summary, it is being reported today that EU naval forces attacked pirate bases on the Somali mainland. Several people have asked: "The EU has a navy?" The background h... -
Letter from former U.S. Security Officials On those 2013 NDAA Amendments
Over at DefCon Hill, Jeremy Herb shares a letter written by former Attorneys General Edwin Meese III and Michael Mukasey and former Secretary of Homeland Security Michael Chertoff to House Armed Services... -
D.C. Circuit Denies Petition for Initial En Banc Hearing in <i>Al-Bahlul</i>
We've blogged before about the "other" pending D.C. Circuit military commission case--al-Bahlul v. United States--including the petitioner's request for initial en banc hearing. That request has now been... -
Lawfare Podcast Episode #11: Jennifer Daskal on the Geography of the Battlefield
Ken already wrote up Jen Daskal’s new article, “The Geography of the Battlefield: A Framework for Detention and Targeting Outside of the ‘Hot’ Conflict Zone,” so I won’t summarize it again here. It’s a p... -
US-Canada Border Traffic Disruption
All too often in Washington, we focus our attention on the "important" legal issues and lose sight of the fact that most of the law and policy is made at a lower level where significant legal and plannin...
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