Today the Romney campaign issued a White Paper on Foreign Policy and National Defense.  I have only had time to skim it, but this passage stood out as of particular interest to Lawfare readers: Update th...

Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed.  As you may...

The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it: 1. As the Chief Judge of the Military Commissions Trial Judicia...

Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere...

Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil...

As noted previously, I testified in late July before House Armed Services regarding detention policy, with a focus on the Warsame situation.  I've seen received a handful of QFRs from committee members, ...

In kicking off Lawfare's 9/11 10th anniversary project devoted to laying bare our own non-trivial errors of analysis or understanding over the last decade, I have a number from which to choose. All, howe...

Paul Starobin, whose New York Times piece this weekend was the subject of these earlier thoughts, writes in with the following response: I agree with Benjamin Wittes that there is an important, even a vi...

Paul Starobin has a piece in the New York Times pondering the flip-flop of Harold Koh on war powers: During the Bush administration, he was legendary for his piercing criticisms of “executive muscle flex...

Josh Gerstein at the Politico is reporting: The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted swe...

Today's House Armed Services Hearing on "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror" included testimony from the following witness...