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The Year in Review: Section 702 & Going Dark
As 2016 (finally) comes to an end, we’re looking back on an eventful year. This week, Lawfare will be rounding up coverage of some of our favorite national security topics of the past twelve months. Toda... -
The Surprisingly Weak Reasoning of Mohamud
In a recent post here at Lawfare, April Doss argues that the Ninth Circuit’s decision in United States v. -
Surveillance Policy in a Trump Administration
Last week, co-authors Michèle Flournoy, Richard Fontaine, and I released a Center for a New American Security report on the future of surveillance policy. The full report is available here; video of the... -
HPSCI Releases Full Snowden Report
The House Intelligence Committee has made public its full 36-page report on Edward Snowden, which was previously classified. The Committee approved the report in September and previously released an unc... -
Al-Nashiri Moves to Preserve SSCI Report in Habeas Case
Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sl... -
Surveillance’s Future: A Pragmatic Take from the Center for a New American Security
The 2016 election has sharpened debate around the reauthorization of Section 702 of the FISA Amendments Act of 2008, which will sunset in 2017. A new report by the Center for a New American Security (CNA... -
Why the 9th Circuit Was Right in Mohamed Mohamud, and a Startling Thing It May Have Gotten Wrong
Earlier this week, the 9th Circuit Court of Appeals issued a long-awaited opinion in U.S. v. -
Key Provisions in the Intelligence Authorization Act (FY'17)
On November 30th, the House passed H.R. 6393, the Intelligence Authorization Act for FY'17. While it remains to be seen what if anything ultimately emerges at the end of the process, I'd like to highlig... -
Annals of the Trump Administration #5: Would Waterboarding Count as "Force," and Must It Be Disclosed?
Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here). One concerns the possibility that the N... -
Annals of the Trump Administration #3: Refusing to Add Waterboarding to the Field Manual?
In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not ... -
Donald Trump and the Normalization of Torture
Editor's Note: A Trump presidency is disturbing on so many levels. One of the worst is his campaign's embrace of some of America's biggest mistakes, such as the use of torture to fight terrorism. Elizabe... -
Annals of the Trump Administration #1: The Law of Interrogation
The transition to a Trump Administration is now underway. Among many other things, this likely will entail an effort to identify various executive orders issued by President Obama that President Trump wi...
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