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...

President Obama was dead-on when he said the following in his August 9th press conference: "[P]robably what's a fair criticism is my assumption that if we had checks and balances from the courts and Cong...

Last Tuesday, Judge Vitaliano of the Eastern District of New York dismissed a FOIA suit seeking access to NSC records about the drone program.

During his press conference today (transcript here), President Obama announced a quartet of reform initiatives meant to enhance the credibility and legitimacy of NSA activities and the FISA system, both ...

President Obama is currently holding a press conference at which he is speaking on a range of Lawfare-relevant topics. He has announced, report the Washington Post and New York Times, proposals to reform...

I was sufficiently puzzled by Charlie Savage's story yesterday about NSA email monitoring that I waited a day to write anything about it. I'm still pretty puzzled by it, so I'm going to use this post to ...

Last Friday I asked how NSA Director Alexander’s claim that “we can audit the actions of our people 100%” was consistent with USG uncertainty about what Snowden stole and with its claims that it was “put...

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...

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...

With the current controversies over the NSA's surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area. In this area, governme...