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Polish Judges to Weigh In On the Legality of Detaining al Qaeda Members?
Will Polish judges have the occasion to weigh in on the legality of non-criminal detention of asserted al Qaeda members? Probably so. It appears that Polish prosecutors have brought charges against the... -
Richard Clarke Says Stuxnet was a U.S. Operation
The former counterterrorism czar reaches this conclusion because the operation had lawyers’ fingerprints on it. From an interview with Ron Rosenbaum in Smithsonian Magazine: “I think it’s pretty clear t... -
Oral Argument Yesterday in Doe v. Rumsfeld [Updated]
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuse... -
Peter Margulies on Proposed FOIA Amendments
Peter Margulies of Roger Williams School of Law has this article on proposed amendments to the Freedom of Information Act (FOIA). -
Comparing the Senate Cybersecurity Liability Provisions
In earlier posts I’ve written generally about the information sharing provisions of the Lieberman-Collins cybersecurity bill and the McCain bill. Today I want to begin drilling down in comparing the two... -
Appellant Brief Filed in ACLU v. CIA (Drone Program FOIA Request)
The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia's granting of a motion for summary judgment for the Central Intelligence Age... -
Cybersecurity and the Freedom of Information Act
Tomorrow the Senate Judiciary Committee will be holding a hearing on the relationship between the Freedom of Information Act, and the protection of critical infrastructure. One aspect of the hearing wi... -
Text of the Attorney General's National Security Speech
As promised, Attorney General Holder delivered an address on law and national security today at Northwestern Law. The speech covered an array of topics, including a defense of the legitimacy of military... -
How Government Silence Undermines Terrorism Policies: Part II
Attorney General Eric Holder will apparently give a public address on Monday that will provide a fuller explanation and justification for the government's policies on targeted killings, including for the... -
Lawfare Podcast Episode #4: Bobby on the Title 10/Title 50 Debate
On today's episode of the podcast, Bobby discusses his encyclopedic new Title 10/Title 50 article with Jack. The article, “Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate,” ... -
The Subtle New (Constitutional) Holding in <i>Al-Zahrani</i>
Given Ben's report on the oral argument, today's fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is... -
Wikileaks, Government Prosecutions, Secrecy
In his NYT column today, Bill Keller argues that Wikileaks “was a hell of a story and a wild collaboration, but it did not herald, as the documentarians yearn to believe, some new digital age of transpar...
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