A three-judge panel of the D.C. Circuit (Judges Tatel, Garland and Griffith) has rejected the CIA's motion to remand in ACLU v.

From the Blog of the Legal Times, we learn that the ACLU has filed its opposition to the CIA's motion to remand, in the Freedom of Information Act ("FOIA") appeal now awaiting oral argument before the D.C.

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afgha...

Why have victims of alleged governmental misconduct arising out of post-September 11 counter-terrorism policies met with virtually no success thus far in pursuing damages claims arising out of the govern...

Last week, two defense motions were released in United States v.

I missed this super-interesting speech by CIA Director David Petraeus on the relationship between technological change and the transformation, along many dimensions, of intelligence.   (The speech was de...

I have an essay on this topic in The New Republic.   It begins: When Supreme Court Justice Ruth Bader Ginsburg rose to speak to the American Constitution Society on June 15, many in the audience hoped sh...

Jack and Ben earlier noted the government's long-awaited brief in support of its motion for summary judgment in New York Times Co. v. Department of Justice and ACLU v.

Like Jack, I am a little surprised by the government's brief--filed late last night--in the ACLU/New York Times FOIA case on targeted killings.

Those following the Stuxnet/Flame story will be interested in this piece that just went up on the Washington Post website.  In a sequel to David Sanger's account attributing Stuxnet to an American-Israel...