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...

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 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.

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...

Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl.  The President probably disregarded another statute...

What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it...

Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def...

Rahul Sagar is Associate Professor at Yale NUS and the author of the terrific and timely Secrets and Leaks: The Dilemma of State Secrecy (reviewed favorably by Steven Aftergood on Lawfare and Eric Posner...

Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him: It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp...

Today’s Washington Post contains an interesting article about the backgrounds of the five released Taliban detainees entitled "Freed prisoners were battle-hardened Taliban commanders." According to the ...

Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo:  WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod...