I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t...

Charlie Savage of the New York Times has filed this FOIA suit in an effort to acquire a classified report issued by DOJ and ODNI to Congress "pertaining to intelligence collection authorities" under sect...

Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or...

In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...

In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.

"God bless Ben," Spencer Ackerman writes, "he's really trying hard to think through what the rules ought to be for killing an American citizen accused of terrorist membership." My effort in that regard, ...

Yesterday, the New York Times reported that Samir Khan, a 25-year old U.S. citizen from North Carolina, was killed in the same drone strike that targeted Anwar al-Aulaqi.

Yesterday, the Fourth Circuit announced decisions in Al Shimari v. CACI International and Al-Quraishi v. L-3 Services, Inc. Both cases involved tort suits brought by Iraqi civilians against U.S. military...

Here is the prepared text, released by the White House, of John Brennan's speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very intere...

That is the title that the editors of the New York Times Magazine gave to an essay I wrote in reaction to former Vice-President Cheney’s book, In My Time.  The thrust of the essay is that early Bush unil...

John Rizzo, former acting general counsel for CIA, writes in with the following in connection with Lawfare's 9/11 10th Anniversary Project. This essay is adapted from a longer piece, entitled "9/11: Thre...