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Prior to last week, one might have been forgiven for thinking that Edward Snowden had fallen out of the news. Now, however, Oliver Stone’s new film Snowden and the ACLU-Amnesty International campaign to ...
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Let’s start with an obvious point: As Jack Goldsmith pointed out last week, President Obama is not going to pardon Edward Snowden. It’s just not going to happen. Period. And everyone involved in the camp...
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A “pardon Snowden” campaign was launched Wednesday, in conjunction with the Snowden film. Snowden himself made the “moral case” case for why he should be pardoned, and Tim Edgar made a much more powerfu...
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The House Permanent Select Committee on Intelligence voted unanimously on Thursday afternoon to approve a report on Edward Snowden finding that he "did tremendous damage" to U.S. national security. The e...
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I have signed on to the letter asking President Obama to pardon Edward Snowden that was released today. I know this will be an unpopular position among many of my former colleagues in the national securi...
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We have an essay at Time.com that begins:
Tomorrow is the fifteenth anniversary of the beginning of the longest armed conflict in American history. But another significant anniversary in the “Forever ...
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Captain Smith’s brief opposing the Government’s Motion to Dismiss.
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Two broad themes emerge when viewing 20th century national security history through a military capability lens: (1) Deterrence works and (2) Competitors adapt. This second phenomenon requires that the US...
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We have a new piece in The Washington Quarterly, titled “The Legal Legacy of Light-Footprint Warfare.” President Obama’s approach to military intervention has generally emphasized stealthy and often long...
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As Jack noted earlier this morning, Lawfare's Alex Loomis has a fascinating new paper up on SSRN (for the moment, anyway) about the scope of Congress's Article I power to "define and punish . . .
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The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b...
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As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th...
