A three-judge panel of the D.C. Circuit Court of Appeals has affirmed a District Court judgment in favor of the National Security Agency in a case brought by the Electronic Privacy Information Center und...

[UPDATE: If one looks at the draft NDAA provisions approved by the HASC Emerging Threats Subcomittee (Chairman Mac Thornberry, Hook 'Em), there is at section 942 a provision calling for quarterly reporti...

Georgetown University law professor David Cole has this piece in the New York Review of Books blog. Cole argues: In closing off yet another avenue of accountability for the wrongs US officials intentiona...

I received the list below (of "Significant Cyber Attacks" on Federal systems since 2004) from sources on Capitol Hill last week.  After reading through it and checking the data, it seemed worth making th...

As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot.  Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...

Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments.  Alas, we seem to be speaking past one another in various ways (for example...

The Washington Post's Greg Sargent poses an interesting question:  If elected, does Mitt Romney intend to revoke President Obama's January 22, 2009 executive order on interrogation? The order largely re...

Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force.  It is an interesting and provocative post, leading me to share a f...

In connection with my post this morning on the Brennan speech and the ACLU FOIA litigation, Jameel Jaffer – who heads up the ACLU’s National Security Project – had this op-ed on the FOIA litigation (with...

Very glad to have joined the Lawfare team.  I look forward to more sustained blogging once the spring grading season is over.  For now, I'll offer just a quick thought on the speech John Brennan delivere...

John Brennan's speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against ...