Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama. A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...

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...

Zivotofsky is an important case because it appears to require the Supreme Court to address the scope of the President’s exclusive foreign relations power vis a vis Congress.

Some time back, Ben noted two stern critiques of Edward Snowden and Glenn Greenwald---one by Sean Wilentz and another by George Packer. The latter reviewed Greenwald's book, No Place to Hide; ditto Micha...

This morning, I posted some thoughts on a story in the New York Times about so-called "mail covers" by the Postal Service and their relationship

On Monday, November 3, the Supreme Court will hear oral arguments in Zivotofsky v. Kerry, the long-awaited final act in a decade-plus-long saga surrounding the passport of an American boy born in Jerusal...

President Obama is right. He was right when he said, as a presidential candidate in 2007, that “The President does not have power under the Constitution to unilaterally authorize a military attack in a ...

In light of both our prior exchange and my Just Security post from yesterday, I only have two new points to make in response to Peter Margulies' post on yesterday's D.C.

Offered without (or only a little) further comment: this piece from The Hill, and a rather eyebrow-raising quotation therein from House Intelligence Committee Chairman Mike Rogers regarding Edward Snowde...