Latest in Executive Branch
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The NSA Documents, Part V: The Communications with Congress
Yesterday’s cache of declassified materials also sheds important light on the administration’s interactions with Congress over intelligence oversight---not just its interactions with the relevant intelli... -
Initial Observations on Newly Declassified FISA Documents
With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be. Before ... -
The NSA Documents, Part IV: The September 2012 FISC Opinion
The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down... -
The NSA Documents, Part III: The November 2011 FISC Opinion
The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ... -
The NSA Documents, Part II: The October 2011 FISC Opinion
The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC. -
The NSA Documents, Part I: Introduction
Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ... -
Declassified Intelligence Community Documents
The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list... -
Detainee Challenges Constitutionality of NDAA Transfer Restrictions
Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C. -
Defriending FISA: A Response to Carrie Cordero
The central theme of Carrie's post critiquing proposals for FISA reform appears to be that there are already too many lawyers and too much oversight of how the NSA conducts "foreign intelligence surveill... -
A Hard-To-Justify Leak
Eli Lake and Josh Rogin have an amazing story at the Daily Beast about how last week’s closure of embassies was prompted by a USG intercept of a conference call of “more than twenty” leaders of AQ and af... -
Postwar: An Essay on Whether the Armed-Conflict Model Still Matters
"Does it really matter, from a legal perspective, whether the U.S. -
Stern on Ackerman and the Speech and Debate Clause
The other day, Jack posted an excerpt from a Foreign Policy article by Professor Bruce Ackerman, advocating for Senator Wyden to take advantage of the Speech and Debate Clause and disclose classified inf...
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