As I’ve argued previously here (at length) and here (briefly), if you are interested in government counterterrorism intelligence activities and privacy, don’t just pay attention at the federal level – th...

Samuel Moyn’s review of Mary Dudziak’s book War Time, like the book it reviews, makes interesting points about “endless war.”  Along the way Moyn says that my book Power and Constraint claims “that Barac...

I've lately been thinking of the scope and nature of cyber threats -- mostly in writing a still-in-draft response to Jack Goldsmith's recent defense of cybersecurity regulation.  In the interest of furth...

The latest statement from the defense in United States v. Mohammed et al:

I've gotten lots of helpful feedback both on- and offline re: yesterday's post on Clapper v. Amnesty International, and wanted to write in a bit more detail about (my understanding of) the foreign intell...

Something to mull, while Judge Pohl ponders severance in the 9/11 case: whether the government’s evidence in the still-far-off-in-the-future military commission trial (or trials) also could be admitted i...

We reported last Friday on an order in United States v.

In light of the Supreme Court's grant of certiorari yesterday to review the Second Circuit's decision in Clapper v. Amnesty International, I thought I'd put together a background post trying to explain w...

The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.

Amidst all the discussion of whether and how to amend the House NDAA bill to address domestic captures, I am amazed that I did not notice the Rooney Amendment, which has been adopted.  What does it do?  ...

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