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Editor's Note: This piece also appears on the Power Wars blog and Just Security.
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In an event yesterday at the Council on Foreign Relations, Speaker Paul Ryan (R-WI) released the House Republican's 2016 national security strategy.
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It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting sta...
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Three years ago today, The Guardian published the first story based on the huge archive of documents that that Edward Snowden stole from the National Security Agency while working as an NSA contractor. ...
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I’ve read the Vice News report based on the FOIA-released documents three times now, and still do not see within it support for the headline, “Exclusive: Snowden Tried to Tell NSA About Surveillance Conc...
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The October 2015 bombing of the Doctors Without Borders (MSF) hospital in Kunduz, Afghanistan has amplified a long-simmering discussion regarding the ability of the American military to objectively condu...
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In the eyes of the DC foreign policy establishment, issuing threats without any intention to back them up with action is a cardinal sin. Bluffing, the thinking along think tank row goes, dangerously unde...
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The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.
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"Geof Stone is a prominent civil liberties expert and advocate who is a member of the National Advisory Council of the American Civil Liberties Union [and a Professor at the University of Chicago Law Sch...
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Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the for...
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Most citizens assume that all of the law Congress writes is public. That is not, in fact, true. Our general norm of publishing law has a significant and largely overlooked legislative exception: classifi...
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Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put for...
