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...

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...

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...

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...

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...

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: ...

The decision by Wikileaks to expose a massive collection of classified State Department cables, and the fact that Wikileaks seems today to be experiencing a DDOS attack, creates an occasion to think hypo...

Responding to my suggestion that Lawfare readers debate the parameters of a new AUMF--a discussion thread for which I have started over at our Facebook page--John Bellinger III writes in with the followi...

The latest issue of Inspire, the glossy English-language in-house magazine of Al Qaeda in the Arabian Peninsula is available here, courtesy of a web site entitled Public Intelligence. The first issue is ...

It is hardly a surprise that John Bellinger III is being attacked (here and here, for example) for his modest suggestion in the Washington Post the other day that Congress should update the AUMF.

Late Saturday night the State Department released a strongly worded letter from Legal Advisor Harold Koh to Wikileaks founder Julian Assange and his attorney concerning the apparently imminent publicatio...