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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... -
Mohamed v. Jeppesen Dataplan (9th Cir. Sep. 8, 2010) (en banc) (affirming judgment of district court dismissing suit in light of State Secrets Privilege)
A closely-divided en banc 9th Circuit has reversed an earlier panel decision that had in turn reversed a district court decision dismissing this civil suit relating to the CIA’s rendition program. The ... -
More on the Scorecard
Steve Vladeck makes a few important points in response to my post on the habeas scorecard. In defending the scorecard, he first notes that my list of problems with it is incomplete, since "the scorecard ... -
Whether Judicial Minimalism in the Habeas Litigation Matters
Ben notes that one major flaw of the “scorecard” approach to the GTMO habeas litigation is that it fails to convey to the casual reader any sense of the considerable success the government has had thus f... -
Why I Don't Like the "Scorecard"
It has become something of a convention in the copious journalism surrounding the Guantanamo habeas litigations to keep a win-loss scorecard. A typical example is this recent story by Miami Herald report... -
A Response from Daphne Eviatar
Daphne Eviatar responds to my comments and challenge of last week. As promised, I am posting her response unedited: Last week, Brookings Institution fellow Benjamin Wittes continued an exchange we’ve bee... -
Briefs, Briefs, Briefs
The D.C. Circuit has a number of Guantanamo appeals pending. Consider us your one-stop-shopping brief superstore. Stay tuned for analysis of what the parties are arguing. For now, here's the raw material... -
National Security Law Forecasting: The Prospect of Revived Habeas Litigation As the U.S. Draws Down in Afghanistan
We are in the midst of a protracted round of merits litigation involving the habeas corpus petitions of Guantanamo detainees. The government has lost more often than it has won thusfar, but let’s not fo...
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