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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... -
The FISC Is Hiring
We will not be in the habit of posting job opportunities, but this one is worthy of an exception. The Foreign Intelligence Surveillance Court employs five attorneys as "counsels" who assist the court in... -
Realism 101 on Wikileaks
Secretary of Defense Gates on the significance of the latest wikileaks disclosures (via SWJ): But let me – let me just offer some perspective as somebody who’s been at this a long time. Every other gover... -
A Response to Nick Baumann
Over at Mother Jones, Nick Baumann accuses me of arguing against straw terrorists. Quoting a Lawfare post from a little while back in which I posited that the alternative to reserving the option of letha... -
Wikileaks on Guantanamo Resettlement
Larkin and I were planning to post a detailed account of what the Wikileaks cables say about Guantanamo resettlement efforts, but Charlie Savage and Andrew Lehren of the New York Times have beaten us to... -
Detainee Recidivism in Afghanistan
I’m surprised this statistic does not get more attention. The Pentagon’s annual report to Congress on “Progress Toward Security and Stability in Afghanistan” ( required by § 1230 of the National Defense... -
Can Wikileaks Be Designated an FTO? No, But What About IEEPA?
Representative Peter King has urged the State Department to consider designating Wikileaks a "foreign terrorist organization," which among other things would implicate 18 USC 2339B (the 1996 material sup... -
Is Wikileaks a "Foreign Power" for FISA Purposes?
Another interesting hypothetical raised by the Wikileaks situation is whether Wikileaks counts as a "foreign power" for purposes of FISA. 50 USC 1801(a) defines "foreign power" as any of the following: ...
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