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A CRS Report on Lawfare=WikiLeaks
In light of the recent discussion on Lawfare of WikiLeaks and the Espionage Act, some readers might be interested in Jennifer Elsea's October 2010 CRS Report on Criminal Prohibitions on the Publication o... -
When Internal Oversight Shows Non-Compliance With FISA Rules
A piece in today's Washington Post opens with the claim that the government has been caught up in illegal surveillance: "The federal government has repeatedly violated legal limits governing the surveill... -
DoD to Troops: Lawfare=Wikileaks
Those of you concerned about the Wikileaks disclosures will be reassured to know that the military IT folks are on the case and are aggressively cracking down on--drum-roll, please--us. That's right, fol... -
The Rate of Detention in the Field in Afghanistan, the Rate of Transfer to Long-Term Detention, and the Rate of Release
The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress. That same day, it turns out, Vice Adm. -
My Favorite Defense Authorization Amendment
There are 48 proferred amendments to the FY 2011 Defense Authorization Act, and I'm not going to pretend to have read through them all. But I'm pretty sure that if I did, Amendment 4704--the only one I h... -
Can an Iraqi Citizen Sue the U.S. for Combat-Related Property Damage?
Can an Iraqi citizen sue the U.S. government to get financial relief when U.S. -
Steve Vladeck on the Espionage Act
I was unaware when I wrote my post this morning that my frequent sparring partner Steve Vladeck had given testimony on the Espionage Act and related statutes this past spring. It is an excellent primer o... -
Reiterating My Question for Jeffrey Goldberg
Two weeks ago, I posted a question for Atlantic blogger Jeffrey Goldberg in light of some remarks he made to Nick Baumann of Mother Jones objecting to the targeting of Anwar Al Aulaqi. Goldberg had expre... -
Problems with the Espionage Act
Amid the proliferating cries for prosecuting Julian Assange and shutting down Wikileaks--an undertaking for which, I should note, I harbor no small sympathy--a few people have noted that the Espionage Ac... -
If You Want to Keep Up with the Portland Bomb Sting Case...
...then you'll want to keep up with Tung Yin (Lewis & Clark Law), a good friend and colleague who has established a channel on his always-interesting blog for just this purpose. A sampling of his covera... -
More on the Growing Problem of Extra-AUMF Threats
Michael Leiter, the Director of the National Counterterrorism Center, gave an important speech today at CSIS that touched on many topics, including an overview of the foreign and homeland terrorist threa... -
Kenneth Anderson on Baumann v. Wittes
Over at Mother Jones, Nick Baumann offers a thoughtful response to my post yesterday, which in turn responded to his earlier post on Al Aulaqi. I don't mean to respond further, since I think the exchange...
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