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The more I reflect on last week's drone contretemps--and what effect the efforts of Senator Paul and his followers has had / may still have on U.S. policy--the more I have a profound and distressing sens...
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Josh Gerstein of Politico is reporting:
A group has posted audio online of Bradley Manning’s speech to a military court in Fort Meade explaining his decision to release classified military information to...
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Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...
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The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t...
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Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o...
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While some other stuff was going on yesterday, my friend Lindsay Harrison at Jenner & Block and I filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers and in support of...
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Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St...
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Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists' Secrecy News) that may be of interest to Lawfare readers.
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I'm not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through t...
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For those who can't get in to the Supreme Court oral argument in Shelby County v. Holder, and who aren't otherwise enticed by the Journal of National Security Law & Policy's inaugural symposium, "Swimmin...
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There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr...
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As is now familiar to everyone, rather difficult questions arise when we discuss the scope of the AUMF, the current scope of "al Qaeda," the meaning of "associated forces," and the circumstances under wh...
