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Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab... -
The Leader DHS Needs Now...Or, Later
One thing that struck me about the run up to the recent nomination for FBI Director (and the earlier nomination process for Secretary of State): the lack of public dialogue about the challenges the burea... -
Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO
Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO. So reports Carol Rosenberg, here. Let me... -
A Recap of Friday's Oral Arguments in Al-Aulaqi v. Panetta
Despite the day (TGIF!), the weather (95 degrees and rising), and other developing national security news, the E. Barrett Prettyman Courthouse security checkpoint was brimming with people primed to hear ... -
CA4 Opinion in U.S. v. Sterling: No 1st Am, Common Law Journalist's Privilege for James Risen
It's a big news day in national security law for all kinds of reasons---one being today's opinion from the Fourth Circuit in United States v. Sterling. That, of course, is the prosecution against a fo... -
The Construction of the NDAA in Hedges
Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---thou... -
Would Egypt Coup Sanctions Apply to Military Aid?
Senate Armed Services Committee Chairman Carl Levin said today that any cut-off of foreign assistance to Egypt that might be required by U.S. -
USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay
The order entering the stay, by Circuit Judges Rogers, Brown, and Kavanaugh, is here. It essentially pauses enforcement of last week's order, by Judge Royce Lamberth, that partially invalidated certain ... -
CA2 Decides Hedges, Concludes that Plaintiffs Lack Standing
The opinion, which I've only now begun to skim, is here. From the decision's opening paragraphs: On December 31, 2011, President Obama signed into law the National Defense Authorization Act for Fiscal... -
Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding
Judge Rosemary Collyer today denied the three remaining motions for a preliminary injunction against force feeding at Guantanamo, concluding that she lacked jurisdiction over the motions. -
A Quibble Over Supplemental Authority in Hamad v. Gates
It's a battle over the latest case law in Hamad v. Gates, a GTMO-related appeal now awaiting decision from the Ninth Circuit. After oral argument on June 5, the government noted certain supplemental au... -
The Market in Zero-Day Exploits
Today's New York Times, brings a rich article by Nicole Perlroth and David Sanger on the growing market in zero-day exploits. Zero-day exploits are previously unknown flaws in computer programming that ...
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