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5/28 Session #2: Protective Order Rules, and Ex Parte Contacts
In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e... -
Schoenfeld on the Selective Prosecution of Leakers
Gabriel Schoenfeld, author of the indispensable Necessary Secrets, has a new essay in Hoover’s Emerging Threats series entitled “Secrecy, Leaks, and Selective Prosecution.” He offers this description of... -
5/28 Session #1: Getting the SSCI RDI Report---or Not
It’s on---the open part of our proceedings, anyway. Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded. The parties there... -
Bits and Bytes
Two interesting items today: Shane Harris has a look inside the FBI's efforts to track the Chinese hackers. Here's the intro: "SolarWorld was fighting a losing battle. The U.S. subsidiary of the German... -
Why Kinsley is Wrong About the Connection Between Democracy and the Publication of National Security Secrets
Michael Kinsley, in his review of Glenn Greenwald’s book, made the following claims about leaks of national security secrets: The question is who decides. -
Statement from the Chief Prosecutor on This Week's Hearings in Al-Nashiri
The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri---which commences tomorrow, and which Lawfare will co... -
The Uncertain Future of Military Detention Authority as "Combat Operations" in Afghanistan End
Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan. Assuming that the winner of the Afghan presidential election will i... -
Is JSOC About to Become More Transparent on Drone Strikes?
One frequently sees the claim that CIA drone operations should be handed over to the military because the military is more transparent. I have frequently disparaged that argument, not because the CIA is ... -
Senators Feinstein and Levin on 9/11 Case Delay, RDI Declassification
Made available today: a letter from Senators Dianne Feinstein and Carl Levin, which was sent to President Obama in January of this year and urged him to speed things up in the 9/11 case---chiefly by decl... -
DDC Declines to Reissue TRO in Dhiab Hunger Strike Case, Blasts DoD "Intransigence"
Earlier in the week, I wondered aloud about the future of a temporary restraining order, entered by Judge Gladys Kessler and temporarily banning the force feeding of Guantanamo detainee Abu Wa'el Dhiab. ... -
John Carlin's Speech at Brookings on "Defending Our Nation by Prosecuting State-Sponsored Cyber Theft"
Watch the event with Assistant Attorney General John Carlin here: And here are his remarks as prepared for delivery: Defending Our Nation by Prosecuting State-Sponsored Cyber Theft Thanks for that ki... -
New Trial Date Set for February 2015 in Al-Nashiri
This marks the most significant among many dates set by the Second Amended Scheduling Order, in the military commission case of United States v. Al-Nashiri. The ruling was issued on May 9 (and in respon...
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