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Judges Brett Kavanaugh and John D. Bates on Blogs and Judges in National Security Cases
At a recent panel on which I spoke at the ABA Standing Committee on Law and National Security's annual conference, D.C. Circuit Judge Brett Kavanaugh and U.S. District Judge---and former FISA presiding j... -
Upcoming Congressional Hearings on ISIL, Iran
The week before Thanksgiving features a few Congressional hearings of note for the Lawfare readership. Tomorrow at 10:00 AM, there is a hearing of the Senate Foreign Relations Committee on ways of "cou... -
The U.S.-China Climate “Deal” Does Less Than Has Been Hyped
I am (as I have previously noted) no expert on climate change. But reading the text of the much-vaunted U.S.-China Joint Announcement on Climate Change makes me think there is a large gap between how th... -
Readings: Sir Adam Roberts on the Importance of History and State Practice
Twenty years ago, Adam Roberts made the following observation in his essay, "Land Warfare: From Hague to Nuremberg," in The Laws of War: Constraints on Warfare in the Western World (1994, pp. 116-139): T... -
DIA Scales Back Plans for Expanded Defense Clandestine Service...Sort Of
Those of you interested in the organization of the Intelligence Community may recall a major initiative launched by the Defense Intelligence Agency, in 2012, to expand the size and focus of its HUMINT co... -
The Zivotofsky Oral Argument Transcript
is here. -
On Journalists’ Claims for Immunity From Legal Accountability
I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim... -
A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty
In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritor... -
Oral Argument Tomorrow in Under Seal v. Holder
Speaking of National Security Letter (NSL) challenges: tomorrow morning Judges Ikuta, N. Randy Smith and Murguia of the Ninth Circuit will hear oral argument in In re National Security Letter, Under Seal... -
Panetta Slams White House on Iraq Withdrawal
A big Monday-morning quarterback question since ISIL began overrunning parts of Iraq as Iraqi military forces collapsed has been whether the United States should have kept in place a significant residual... -
Whistleblowers, Leaks and the Media: The First Amendment and National Security
Permit me a small amount of self-promotion, with apologies. But ABA Publishing has, today, released a new book, Whistleblowers, Leaks and the Media: The First Amendment and National Security, of which I... -
Khorasan: Not Quite Out of Nowhere
In a post this weekend, to which both Jack and Ben have already written responses, Glenn Greenwald suggests the Khorasan group is a "wholesale concoction" that appeared "seemingly out of nowhere" in the ...
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