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9/11 Case Motions Hearing: April 15 Session
Tax day is upon us; so is day two in a four-day, pre-trial motions hearing in United States v. Mohammed et al. -
The Policy Tension on Zero-Days Will Not Go Away
The proposition that NSA should under no circumstances stockpile zero-day vulnerabilities, but should in all cases disclose them in order to perfect defenses, apparently has appeal in some quarters. It ... -
4/14 Motions Hearing #1: Ex Parte Hearings, FBI Investigations, and a Recess
It’s game time, y’all. The military judge, Army Col. James Pohl, ascends the bench and resumes pretrial proceedings in the 9/11 case. All five accused are present, along with their lawyers and a few oth... -
Foreign Purchases of U.S. Businesses, Presidential Power, and National Security: Ralls Corp. v. CFIUS
When then-Representative Barney Frank contemplated the ability of foreign interests to acquire American companies at the expense of national security, he made the following statement: There is no right t... -
Yale Symposium: Unpacking NSA's Global Problem
On Sunday, the Yale Information Society Project held an excellent symposium on the international policy implications of “Big Data.” I took part in the event (see livestream here), which touched on many t... -
A Summary of Friday's Decision in al-Aulaqi v. Panetta
As Ben mentioned on Friday, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a Bivens suit brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Sam... -
Executive Order Authorizes South Sudan Sanctions
On Thursday, President Obama signed an executive order authorizing the Department of the Treasury to impose sanctions on certain individuals and entities involved in the conflict in South Sudan. The orde... -
Judge Collyer Throws Out Al-Aulaqi Bivens Suit
Judge Rosemary Collyer of the U.S. District Court for the District of Columbia has thrown out the Bivens suit by the families of Anwar Al-Aulaqi and his son, and Samir Khan, all of whom were U.S. citizen... -
D.C. Circuit Affirms Denial of Preliminary Injunction in Abdullah v. Obama
The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court's denial of Abdullah's motion to enjoin the U.S. government from detaining him. Hani Saleh Rash... -
SSCI Votes to Release Parts of Detention and Interrogation Report
Likely you know by now of this afternoon's 11-3 vote. -
Three Speeches on Cybersecurity by Dan Geer
Cyber security maven Dan Geer has given three speeches in the last six months that are worth a read: (a) APT in a World of Rising Interdependence, given last month at the NSA; (b) We Are All Intelligence... -
Toward a Coherent Theory of the “Military Exception” to Article III
My very first Lawfare post, back in December 2011, focused on the messy constitutional question raised by United States v. Ali—a case then pending before the Court of Appeals for the Armed Forces that ra...
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