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An Old, Unpublished Oped on a Still-Timely Idea
Speaking of Steve Aftergood, a few months ago over lunch, Steve and I had a lengthy discussion of the state secrets privilege and the problems its use creates in situations of genuine harm and government... -
When Everything is Secret, Nothing is Secret
For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligenc... -
An Interesting Twist in Barhoumi
Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district ... -
A Prosecutor's Response
Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the... -
The Right Way to Try KSM
That is the title of an oped of mine in the Washington Post, which distills the argument made in this recent post on Lawfare. The oped begins: Here's a simple proposal to break the impasse over how to pr... -
In Praise of Human Rights Watch
I have been thinking a lot over the last couple of days about Tom Malinowski's statement in response to my post about the Lord's Resistance Army (LRA) and drone strikes in Yemen. The more I think about i... -
Al Alwi Argument Details
Next Thursday, November 4th, the Court of Appeals for the D.C. Circuit will hear oral argument in Al Alwi v. Obama, a habeas merits appeal. -
A Remarkable Month for the Justice Department and Terrorism-Related Prosecutions
October has been good to the Justice Department , with a remarkable number of arrests, convictions, and sentences in terrorism-related cases over the past two weeks. This pattern of success tends to und... -
EU Efforts to Limit Data-Sharing Regarding Air Passengers
Our national dialogue relating to terrorism pays close attention to every development relating to the detention and prosecution of terrorism suspects--and for good reason. Yet most of us pay relatively ... -
Khadr Stipulation of Fact
The Miami Herald has posted Omar Khadr's stipulation of fact. Worth a read. -
Human Rights Watch Responds
Two weeks ago, I posted these ruminations in response to Human Rights Watch's Executive Director Kenneth Roth's proposal to use U.S. military force to bring the leader of the Lord's Resistance Army (LRA... -
Wikileaks and Efforts to Limit the Interstate Transfer of Detainees
File this under the heading of legal issues looming on the horizon... A major theme of the Wikileaks-Iraq coverage involves the claim that the U.S.
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