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The Treatment of Flynn’s Phone Calls Complies with FISA Minimization Procedures
Just a quick note to clear up any lingering uncertainty after this morning’s Wall Street Journal editorial, "Eavesdropping on Michael Flynn," which asks whether “the spooks listening to Mr. -
Harold Thomas Martin III Indicted on Charges of Willful Retention of National Defense Information
On Wednesday, a federal grand jury indicted Harold ("Hal") Thomas Martin III, a former private contractor for Booz Allen Hamilton, of willful retention of national security information. The 20-count ind... -
FISC Rejects Claim That Public Has a First Amendment Right to Court Decisions About Bulk Data Collection
Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court concluded in... -
Salim v. Mitchell: ATS Suit Against CIA Contractors Survives Second Motion to Dismiss
The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ... -
Draft EO on Interrogation: Should We Expect the Military to Protect Us from Ourselves?
Although the White House is now disavowing the draft executive order on detention and interrogation, the document has revived debate on the legal prohibitions against torture and on President Trump’s -
Trump’s Self-Defeating Executive Order On Interrogation
Author's Note: I wrote the following in the belief that the draft executive order published yesterday by the Washington Post and analyzed yesterday by the Times and the Post was either the final text or ... -
Recrimination or Reform? The FBI’s Current Crisis Is Not the Bureau’s Biggest Problem
Darren E. Tromblay has served the U.S. Intelligence Community, as an Intelligence Analyst, for more than a decade. He is the author of The U.S. Domestic Intelligence Enterprise: History, Development, and... -
Six Thoughts In Defense of James Comey
Let me start with a disclosure: FBI Director James Comey is a personal friend. So feel free to dismiss, if you like, what follows as the rantings of a guy who doesn’t like to see friends put through the ... -
Journalism in the Doxing Era: Is WikiLeaks Different from the New York Times?
The question is provocative, but the answer is hard. The reaction to WikiLeaks’ publication of the fruits of Russia’s DNC hack raises many puzzles about how we should think about publication of truthful ... -
A Personal Tale of Prepublication Review
Intelligence community (IC) personnel agree to a great many restrictions that would be shocking in any other profession. They must obtain permission to travel internationally, submit detailed annual fina... -
Nashiri's Motion to Preserve SSCI Report
Last week, Ben posted an order by Judge Royce Lamberth of the D.C. District Court granting a request by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interroga... -
Judge Lamberth Orders SSCI Report Turned Over to the Court
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under se...
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