As I suspected it would, the exchange between my friend Orin Kerr and me on the constitutionality of the appellate review provisions in the Senate version of the USA FREEDOM Act has morphed into a broade...

My friend Steve Vladeck has graciously responded to my post on the Article III problems I see with appellate review in the Leahy bill. I wanted to return to the issue one more time to sharpen the discuss...

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submit...

The podcast DecodeDC has a new episode out on the question of the future of the AUMF. It's largely a pair of interviews with Jennifer Daskal and me. A good introduction to the subject, in my opinion.

Orin’s post from yesterday afternoon wonders whether the Leahy bill’s provision for “certification” of decisions by the FISA Court to the FISA Court of Review (and from there to the Supreme Court) violat...

Yesterday evening, Jodie Liu and I summarized Sen. Leahy's new FISA reform bill---which represents a legislative compromise between many of the major stakeholders in the NSA debate. One question we did n...

I haven't waded much into the details of the various FISA reform proposals, but I find myself puzzled by the appellate review mechanism in the new Leahy bill on FISA reform.

Below you'll find a compilation of public statements on Senator Patrick Leahy's new and improved USA Freedom Act, which he unveiled yesterday. Suffice it to say:  the reviews are generally positive, giv...

As Wells reported this morning, Senate Judiciary Committee Chairman Patrick Leahy unveiled his version of the NSA reform bill today. Leahy’s bill is important because, well, it’s not just Leahy’s bill. I...

Here is Senator Patrick Leahy's (D-Vt.) proposal to restrict various forms of surveillance--which he is discussing, at this hour, on the Senate floor.  We hope to post some analysis of the bill shortly.

A little postscript to my note about Friday’s vote in the House, regarding military operations in Iraq: this quite critical statement, which House Armed Services Committee Chairman Howard "Buck" McKeon r...

Over at Just Security, Steve Vladeck objects to the piece Jack, Bobby, Matt and I wrote over the weekend on Lisa Monaco's AUMF comments at the Aspen Security Forum. He argues that we are over-reading her...