Speaking of Steve Aftergood, a few months ago over lunch, Steve and I had a lengthy discussion of the state secrets privilege and the problems its use creates in situations of genuine harm and government error. I mentioned to him … Read more »
For more than a decade now, Steve Aftergood of the Federation of American Scientists has been on a lonely crusade to get the government to declassify the annual top-line budget number for the intelligence community: How much the United States … Read more »
Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district court. Here are the documents … Read more »
Today, I had an exchange with a distinguished former terrorism prosecutor for whom I have enormous respect about my oped this morning and my earlier Lawfare proposal for multiple-venue prosecution of the 9/11 conspirators. My correspondent, who prefers to remain … Read more »
That is the title of an oped of mine in the Washington Post, which distills the argument made in this recent post on Lawfare. The oped begins:
Here’s a simple proposal to break the impasse over how to proceed against
I have been thinking a lot over the last couple of days about Tom Malinowski’s statement in response to my post about the Lord’s Resistance Army (LRA) and drone strikes in Yemen. The more I think about it, the more … Read more »
October has been good to the Justice Department , with a remarkable number of arrests, convictions, and sentences in terrorism-related cases over the past two weeks. This pattern of success tends to undermine claims that DOJ is ineffective or fumbling … Read more »
Our national dialogue relating to terrorism pays close attention to every development relating to the detention and prosecution of terrorism suspects—and for good reason. Yet most of us pay relatively little attention to the legal and policy issues associated with … Read more »
The Miami Herald has posted Omar Khadr’s stipulation of fact. Worth a read.… Read more »
Two weeks ago, I posted these ruminations in response to Human Rights Watch’s Executive Director Kenneth Roth’s proposal to use U.S. military force to bring the leader of the Lord’s Resistance Army (LRA) to justice. Today, I received the following … Read more »
File this under the heading of legal issues looming on the horizon…
A major theme of the Wikileaks-Iraq coverage involves the claim that the U.S. and its allies acted illegally by transferring detainees to Iraqi custody given the prospect that … Read more »
The Toronto Star bellows that “Omar Khadr finally buckled before a discredited American military tribunal and provided the guilty plea it was set up to elicit. But nothing like justice has been done in this wretched case.” Daphne Eviatar declares … Read more »
That is the title of a terrific new essay by Seymour Hersh.… Read more »
In reading Mary Ellen O’Connell’s writings on targeted killing in preparation for our debate this weekend, I was struck by how granular her arguments generally are. She writes in great detail about the constituent legal questions that make up the … Read more »
