There are several reports circulating in the media concerning Monday's drone strike in Pakistan, the one said to have killed a group of men from Germany linked to recent warnings of an impending attack i...

One of the questions I have been fascinated by over the past year, but unable to shed much light on, is how the court rulings in the Guantanamo habeas cases play out in the field. We tend to think of the...

In response to my call the other day for readers to poke holes in what seems to me an interesting state secrets argument, Peter Margulies wrote in with the following (I have edited his note slightly to g...

That is the title of a new report by the National Security Research Group, a student student-run organization at Harvard Law School devoted to analyzing concrete national security legal problems in ways ...

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 ...

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...

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 ...

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...

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...

Over at Concurring Opinions, Gerard Magliocca notes the Supreme Court’s cert.

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...

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...