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Vladeck on S. 3707
Steven Vladeck has an extensive discussion of, really an indictment of, the Graham bill over at Prawfsblog. I will have a fair bit to say in response to Steve. -
Is Gitmo Really an Important Recruiting Tool or Do We All Just Say That?
Spencer Ackerman makes a thoughtful point in response to Jack's oped: Goldsmith is totally, totally right that the GTMO-North alternative makes the closure of Guantanamo “symbolic.” I made a similar poin... -
Obama Extends National Emergency
Josh Gerstein at the Politico reports that, quite unsurprisingly, President Obama has extended for another year the state of national emergency that has existed since President Bush proclaimed it in Sept... -
A Thought on President Obama's Remarks
As Jack already noted, at President Obama's press conference today, the president stated that "we have succeeded on delivering a lot of campaign promises that we made. One where we’ve fallen short is cl... -
President Obama’s Two Answers On National Security Law
At his press conference today President Obama answered two questions about terrorist trials and closing GTMO. No real news here as far as I can tell, other than to reaffirm administration positions. He ... -
A Way Past the Terrorist Detention Gridlock
That is the title of an op-ed by me in today’s Washington Post. My proposals: First, give up on closing the Guantanamo Bay facility. The administration has missed its one-year deadline. The symbolic ben... -
Aftergood Responds to McNeal and Ambinder on the Significance of the Proposed Changes to FISC Rules of Procedure
Steve Aftergood at Secrecy News responds to the views of Greg McNeal and Marc Ambinder on the significance of proposed changes to FISC Rules of Procedure. Steve thinks the problem identified by Greg and... -
Reacting to Andrew Sullivan Reacting to the State Secrets Ruling: Distinguishing Rule-of-Law and Individual-Justice Concerns
The blogosphere and op-ed pages are abuzz with reaction to yesterday’s big Ninth Circuit decision concerning the state secrets privilege in Mohamed v. -
Cybersecurity – Four New Essays
Cybersecurity is in my opinion and the opinion of many in Washington the most significant national security challenge that the United States faces today. We are among the most computer-dependent of soci... -
McNeal on the proposed changes to the FISC rules of procedure
Greg McNeal has a very useful post regarding a potentially-important change contained in the proposed amendments to the Rules of Procedure of the Foreign Intelligence Surveillance Court. I'd glanced at... -
Jeppesen and the question of how to handle state secrets at the pleading stage
I posted earlier today about the two opinions controlling the outcome in Jeppesen Dataplan, today's big Ninth Circuit case, and am now writing with an overview of the five-vote dissent in that case by Ju... -
Thoughts on "Lawfare"
A friend bristled at the title of this blog, Lawfare, because he thinks that the first sense in which Ben uses the term in his initial post – the use of law as a weapon of war – has derogatory connotatio...
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