Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices.  The short summary is tha...

The parties return for the afternoon session and Judge Spath begins by laying out his thinking on the previous motion seeking supervised telephone and Skype calls between Al-Nashiri and his family. In th...

The developing story of the FBI’s impersonation of journalists is, in a way, really the story of Timberline high school in Washington State. In June of 2007 Timberline had received a series of bomb threa...

Hey GTMO fans: the estimable Matt Danzer's digests of yesterday's hearing in this capital Guantanamo military commissions case can be found below, and in our "Events Coverage" section. Keep an eye on th...

The commission returns from recess and prepares to consider AE 284 and 284L, a defense motion and supplement seeking to allow Al-Nashiri to hold supervised Skype calls with his elderly parents. Before t...

Military judge Vance Spath opens Wednesday’s motions proceedings with AE 181G, a defense request to reargue the underlying defense motion to remove the possibility of the death penalty for Al-Nashiri if ...

The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul...

A little programming note here, y'all: today marks the first of a two-day, pre-trial hearing in the military commission case of United States v. Al-Nashiri.  But Lawfare unfortunately won't be in the hou...

Brig. Gen. Mark Martins' remarks on the two-day pre-trial session, which commences today, can be found here.  (Note that the hearing will proceed, despite the pendency of the United States' appeal of the...

A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holdi...

I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government.  Such publications are often costly, sometim...

Recently The Guardian reported on FBI demands new powers to hack into computers and carry out surveillance. The FBI is seeking to make several changes to Rule 41 of the Federal Rules of Criminal Procedur...