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Two Legal Takeaways from Yesterday’s HASC Hearing
Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful. At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t... -
Allaithi v. Rumsfeld: D.C. Circuit Affirms
A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v. -
Unwinding Sanctions
Most discussion of economic and financial sanctions focuses naturally on the imposition of them. As Peter Feaver and Eric Lorber point out in a new Foreign Affairs article, an equally important strategic... -
New McAfee/CSIS Report on Cybercrime
I participated today in a CSIS/McAfee roll-out of their latest report on the economic impact of cybercrime. Their bottom line is that cybercrime has an annual effect of roughly $455 billion globally, wi... -
The Bond Case, Statutory Interpretation, and the Executive Branch
The Supreme Court had the opportunity in Bond v. United States to tackle constitutional questions about the scope of the Treaty Power and the Necessary & Proper Clause, but the six-justice majority decli... -
Germany’s Prosecutor Rolls Up His Sleeves On NSA Surveillance
A few weeks ago, Ben posted some comments about a Der Spiegel article that suggested the tensions between the United States and Germany were likely to die down. Not so fast, it appears. Germany’s top pro... -
The Bergdahl Swap: Who Kicked Off the "Political Football" Game?
President Obama complained yesterday that Sergeant Bergdahl is “not a political football.” That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann... -
Vice-President Cheney’s Funny Criticism of President Obama for Not Complying with the GTMO Notice Requirement
I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA... -
Government Files Response to Al Janko's Petition for Rehearing En Banc
Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko's petition for an en banc rehearing. Back in January, a three-judge panel of the D.C. -
The GameOver Zeus/CryptoLocker Indictment
Following up on last weeks indictment of 5 Chinese PLA members for economic espionage, the Department of Justice continued yesterday its apparent prosecutorial offensive against cyber criminals. The cas... -
The Administration's New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers
The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds. -
Another PRB, Another Detainee Cleared for Transfer
This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week: The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...
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