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One important consequence of President Obama’s re-election will be the further entrenchment, and legitimation, of the basic counterterrorism policies that Obama continued, with tweaks, from the late Bush...
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Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term:
First, he must release certain Guantánamo detainees, who hav...
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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following thoughts on fusion centers:
As Matt Waxman noted last month, the...
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A year ago, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I argued that unless the Obama Administration did a better job explaining the legal a...
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From The Onion:
MIRANSHAH, PAKISTAN—According to CIA officials and sources on the ground in the region, an unlikely friendship has developed between a 9-year-old Pakistani boy and a U.S. MQ-1 Predator dr...
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I’ve had a chance to read the draft Executive Order on cybersecurity now and several thoughts spring to mind.
For those who like the bottom line up front: I am, honestly, of two minds about this effort....
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Well, here's the "publicly circulating" draft of the executive order on cybersecurity, helpfully entitled: White House Draft Executive Order (Publicly Circulating Copy - 11-1-12). Note however that is d...
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Over at Opinio Juris, Kevin Jon Heller notes a new draft article he has posted on SSRN regarding the legality of signature strikes under international law. Kevin assures me that "Lawfare types certainly ...
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Gabor Rona of Human Rights First took some time out from today's hurricane to send me the following thoughts on my post from Friday engaging Glenn Greenwald on the subject of counting civilian casualties...
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Ellen Nakashima of the Washington Post wrote over the weekend about “when is a cyberattack an act of war.” Focusing on Secretary of Defense Panetta’s recent speech warning of cyber-Pearl Harbors and on S...
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In my book Power and Constraint, I argued that the ACLU/CCR al-Aulaqi lawsuit “was merely an early battle in a long war over the legitimacy of U.S.
