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Stewart Baker Responds on Review Group Recommendation #13
I confess that I was not expecting the first response to my posts analyzing the Review Group recommendations would be one accusing me of going soft on the Review Group. But today, Stewart Baker, former N... -
A Three-Post Reaction to the Surveillance Review Group Report
Over the past week and a half, writers on this site have provided comprehensive and detailed summaries of the surveillance review group report, along with some observations and assessments, as well as sh... -
Abdullah Files His Reply-Brief Before the D.C. Circuit
As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in "heel dragging and losing arguments." A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Sal... -
When Data Is Currency: Thoughts in Response to Jack and Evgeny Morozov
On Friday Jack offered some thoughts on Evgeny Morozov's piece in the Financial Times about the broader implications of the Snowden revelations, overlooked by those intent on fitting each new leak into a... -
Judge Pauley's Section 215 Opinion: A Summary
As Raffaela reported, on Friday Judge William H. Pauley III of the Southern District of New York held that bulk telephony metadata collection under Section 215 of the PATRIOT Act is lawful, and therefore... -
Cert Petition Filed in Al Warafi v. Obama
Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc re... -
The ATA Amendment and Congressional Earmarks for Plaintiffs' Lawyers
When President Obama signed the NDAA of 2014 yesterday, the Act did not include the amendment to the Anti-Terrorism Act, about which I posted earlier this month that would have allowed suits by non-US na... -
SDNY: Telephony Metadata Program is Lawful
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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment
In response to the government's brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al. filed a reply brief on Dec. 18th. (The Plaintiffs---all former Guantanamo detainees---allege various a... -
Morosov on the Significance of Snowden
Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance. He argues that controlling the... -
Cole and Lederman, and Morell, on Review Group Report
Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security. And he and David Cole have a lengthy post on what th... -
December NSA Mini-Trove: Clapper and Fleisch on Secrecy Claims Post-Snowden
At the heart of this month's NSA Mini-Trove are the government's most recent explanations of its now narrower claims of secrecy in two long-pending lawsuits---Jewel v. NSA and Shubert v. Obama---the narr...
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