John Kiriakou was previously arrested, and charged via criminal complaint, on grounds relating to disclosure of classified information.  He has now been indicted (here).  I believe the charges are the sa...

In Today's Headlines and Commentaries, Raffaela notes the controversy in Britain that has erupted over the possibility of using secret evidence in certain civil cases. Hugo Rosemont, a Security Policy Ad...

Ritika and I have received many thoughtful responses to our post the other day about the War of 1812, James Madison, executive power, and civil liberties. The most eye-opening--to me, at least--was a not...

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...

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...

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 of Roger Williams School of Law has this article on proposed amendments to the Freedom of Information Act (FOIA).

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...

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...

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...

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...