I have now had time to read Tom Junod's lengthy essay in Esquire to which Ritika linked the other day. Entitled "The Lethal Presidency of Barack Obama," it combines the form of a reported essay with a di...

Some time ago I began an answer to Jack Goldsmith on why I thought cybersecurity regulation was the wrong answer to our current cyber problems.  Other commitments, including paying clients!, got in the w...

A three-judge panel of the D.C. Circuit (Judges Tatel, Garland and Griffith) has rejected the CIA's motion to remand in ACLU v.

From the Blog of the Legal Times, we learn that the ACLU has filed its opposition to the CIA's motion to remand, in the Freedom of Information Act ("FOIA") appeal now awaiting oral argument before the D.C.

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afgha...

Jessica Herrera-Flanigan certainly seems to think so and, honestly, I can't disagree with her.  From the article: Even if cybersecurity legislation does get through the Senate, there is not a clear path ...

I missed this the other day, but it seems to me extraordinary: A former president seems to be calling the current president of his own party an assassin. If you think that's hyperbole, read Jimmy Carter...

As the prospects for real cybersecurity legislation seem to fade, this may be a product whose time has already come and gone.  Nevertheless, for those who want a handy chart outlining (in far too brief a...

Jack and Ben earlier noted the government's long-awaited brief in support of its motion for summary judgment in New York Times Co. v. Department of Justice and ACLU v.