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Brookings ECPA Event Today
I was delighted to host an excellent panel event today at Brookings on the future of the Electronic Communications Privacy Act. For ECPA nerds, the video below is well-worth watching, as it contains a ve... -
The Fourth Annual National Security Law Workshop (this week at the JAG School)
I'm pleased to report that the Fourth Annual National Security Law Workshop is shaping up to be the best one yet. Geoff Corn and I started this event several years ago, in partnership with the ICRC and ... -
Two Editorials, Two Different Worlds
Anyone who wants to understand in a nutshell the difference between the New York Times editorial board and the Washington Post editorial board on counter-terrorism issues--and, actually, on a broader arr... -
Meanwhile, On Another Planet...
...the Iranians have announced that they are initiating human rights reporting about conditions in the West. -
Khadr v. Obama Re-listed--Yet Again
SCOTUS Blog notes that: The Court [has] relisted for a fourth time . . . Khadr v. Obama, 10-751 . . . suggesting that statements respecting, or dissents from, the denial of cert. may be forthcoming. -
Do the Laws of War Speak Clearly Enough on "Continuous Combat Function" To Justify a Narrow Reading of the AUMF?
A few comments on Toffiq al-Bihani’s cert. petition, which Larkin just posted. First, I am surprised by al-Bihani’s first argument. He contends that the D.C. Circuit’s January 2010 decision in al-Bihan... -
Cert Denied in State Secrets/Rendition Case
The Supreme Court denied cert this morning in Mohamed v. Jeppesen Dataplan, leaving in place the Ninth Circuit’s en banc opinion affirming dismissal of a civil suit (relating to rendition) on state secre... -
Cert. Petition filed in Toffiq Al Bihani
Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C. -
AEI Event: "CIA Interrogations and the Bin Laden Operation"
I spoke today at this event at AEI--the video for which available below: The operation that killed Osama bin Laden has reignited the debate over Central Intelligence Agency (CIA) interrogations. Numerous... -
NYPD and the Manhattan DA Take the Lead in a Terrorism Case
Many a state enacted its own set of terrorism-related criminal laws in the aftermath of 9/11. These laws have largely gone unused, as most cases that might otherwise fall within their scope have been de... -
"The Cup of Lawfare"
I was inexpressibly moved yesterday when I opened a surprise package that showed up in my office from a military base in Afghanistan. The package contained this cup, along with a note from Brig. -
Hirsh on the Obama Administration and Small-Footprint/Low-Visibility Counterterrorism
Michael Hirsh (National Journal) has a very interesting piece today at the Atlantic (online that is, not sure if this is going into print as well). Here's a key slice of it: Obama has also demonstrated ...
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