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An Important Statement
This is admittedly a slight tangent from the Lawfare's broad themes, but Eugene Volokh drew my attention the other day to this statement on free speech, issued by a group of Muslims in the United States ... -
Another Interesting State Secrets Argument
This morning, I had a bit of correspondence with an administration lawyer in response to my critique of the New York Times's state secrets editorial. This lawyer agreed with my argument, but made an addi... -
Closing Out My Exchange with Adam Serwer
Here's a suggestion for the New York Times editorial page: Hire Adam Serwer. He's a liberal blogger over at the American Prospect who is everything the New York Times editorial page is not: consistently ... -
Really Dumb Editorial Watch
As a former editorial writer of almost a decade, I find my sense of craft offended by this editorial on the state secrets privilege in the New York Times the other day. Put simply, it bugs me that the pa... -
The Growing Problem of Extra-AUMF Threats
Nine years after it was enacted in response to the September 11 attacks, the Authorization to Use Military Force (AUMF) remains the primary basis for detaining and targeting terrorists who threaten the U... -
The substantive scope of the state secrets privilege and the question of who decides
Over at Concurring Opinions, Gerard Magliocca notes the Supreme Court’s cert. -
Thoughts on Al Kandari, the Burden of Proof, and Matt Waxman
The Al Kandari opinion declassified yesterday does not present a particularly interesting fact pattern. The case, however, is deeply interesting in one respect, which is that it shows methodological move... -
Al Kandari Opinion Declassified
Judge Colleen Kollar-Kotelly's opinion in Al Kandari v. U.S., some background on which I offered background here, is now declassified and available. It is lengthy and I have not read it yet but will offe... -
Key Points in the FY2010 Intelligence Authorization Act
Further to my earlier post on the FY2010 Intelligence Authorization Act, the full text of the bill and the precise details of the compromise among the White House, Senate, and House can be found here (FA... -
Will the Supreme Court Take a GTMO Habeas Case This Term? And If So Will This Persuade Congress to Legislate?
For about a year and a half after the Supreme Court's 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in J... -
Classified Information in Woodward's "Obama’s Wars"
The first Chapter of Bob Woodward’s Obama’s Wars describes Barack Obama’s first post-election intelligence briefing from Director of National Intelligence Mike McConnell, on November 6, 2008. The chapte... -
Al Aulaqi -- Confounding Legal Compliance with Judicial Review
Kevin Heller says that progressives “argue that the decision to kill an American who does not pose an imminent threat should be submitted to law — to the judicial process — not left to the ‘good faith’ o...
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