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Posts by Alan Rozenshtein

Alan Rozenshtein graduated magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. During law school he interned in the violent crimes and terrorism section of the criminal division of the United States Attorney's Office for the Eastern District of New York and in the Office of the Assistant Attorney General for the Civil Division at the Department of Justice. He graduated with an A.B. in history from Harvard University in 2007 and studied philosophy at Balliol College, University of Oxford from 2007 to 2008. You can reach him by email at rozenshtein.lawfare@gmail.com or follow him on Twitter at @arozenshtein.

Announcing Lawfare‘s First E-Book: Lawfare on the National Defense Authorization Acts

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Monday, June 24, 2013 at 6:02 AM

We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. The book, edited and with a narrative introduction by Alan, is a collection of 114 of Lawfare‘s previously published posts on the 2011–2013 NDAAs and the Southern District . . .
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An Explainer on the Espionage Act and the Third-Party Leak Prosecutions

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Wednesday, May 22, 2013 at 1:00 PM

The press scandals keep on coming for the Obama Administration. Hot on the heels of revelations that the administration subpoenaed the Associated Press’s phone records as part of a leak investigation, the Washington Post reported on Monday that the Department of Justice (DOJ) targeted James Rosen, a Fox News reporter, in the Espionage Act investigation . . .
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Explainer on the AP Subpoenas Controversy

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Thursday, May 16, 2013 at 5:00 PM

It’s been a rough week for the Obama Administration. In addition to outrage over IRS targeting of conservative groups and continued conspiratorial rumblings about the Administration’s response to the Benghazi attack, the Department of Justice (DOJ) faces blowback over subpoenas it issued for Associated Press (AP) reporters’ telephone records. The subpoenas were part of an . . .
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The World’s First 3D-Printed Gun

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Sunday, May 5, 2013 at 10:00 AM

From The American Interest‘s Via Meadia blog comes this installment of the Department of Terrifying Advances in Science: the first 3D-printed gun. The all-plastic gun still needs a standard-issue metal nail for the pin, so it’s technically not entirely printed, but the nail is the only required non-printed part. For those unfamiliar with the technology, . . .
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An Explainer on Hamdan II, Al-Bahlul, and the Jurisdiction of the Guantánamo Military Commissions

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Friday, April 26, 2013 at 10:30 AM

As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may try defendants for pre-2006 instances of “standalone” conspiracy and providing material support for terrorism. Al-Bahlul has . . .
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Post-Boston Polls Find Americans Increasingly Unwilling To Trade Freedom for Security

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Wednesday, April 24, 2013 at 11:18 AM

A very interesting post on the New York Times‘s FiveThirtyEight blog argues that, while Americans think future terrorist attacks are likely, they’re also increasingly “skeptical about sacrificing personal freedoms for security.” A Fox News poll right after 9/11 found that almost 75% of respondents were willing to sacrifice some personal freedom for security. But when . . .
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Why It’s Too Soon To Call the Boston Marathon Bombing an Intelligence Failure

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Monday, April 22, 2013 at 9:27 PM

Lawfare‘s crack team of contributors has been busy invading The Huffington Post. Hot on the heels of Susan and Ritika’s excellent backgrounder on Chechnya and Kyrgyzstan, I’ve posted an article arguing that it’s far too soon to call the Boston Marathon bombing an intelligence or counterterrorism failure. It opens: Already the Boston Marathon bombing, like . . .
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Federal Public Defender to Represent Boston Marathon Suspect Dzhokhar Tsarnaev

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Saturday, April 20, 2013 at 6:22 PM

The Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island has said it expects to represent Boston Marathon bombing suspect Dzhokhar Tsarnaev, according to Miriam Conrad, the office’s federal public defender. As it so happens, I interviewed Conrad a few months ago for the Lawfare podcast. We talked about the defense of . . .
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Good Twitter Sources and News Links on the Ongoing Boston Marathon Bombing Manhunt

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Friday, April 19, 2013 at 11:39 AM

We’re reposting our Twitter feed of reliable sources on the manhunt that’s ongoing in Boston right now. As with last time: “This does not mean that everything they are saying will turn out to be correct. This is a fluid situation. But these are all responsible people and outlets.” In addition, we’ll be posting useful . . .
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Violent Clashes Between Guards and Detainees at Guantánamo Bay

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Sunday, April 14, 2013 at 11:55 AM

Detainees and guards clashed violently early yesterday morning at Guantánamo Bay. See reports from the Washington Post, the New York Times, and NBC. In response to the hunger strikes the detainees have engaged in for the past few weeks, guards attempted to move them into solitary-confinement cells. Rear Admiral John W. Smith Jr., who currently heads the military base . . .
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Mark Mazzetti New York Times Article on U.S.-Pakistani Cooperation over Drone Strikes

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Saturday, April 6, 2013 at 4:53 PM

The New York Times has posted a lengthy and very interesting article by reporter Mark Mazzetti entitled “Rise of the Predators: A Secret Deal on Drones, Sealed in Blood,” which will appear on tomorrow’s front page. The piece is an excerpt from Mazzetti’s forthcoming book, The Way of the Knife: The C.I.A., a Secret Army, and a . . .
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Motions on Clapper‘s Implications for Standing in the Hedges Second Circuit Appeal

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Saturday, April 6, 2013 at 1:35 PM

Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a similar argument last May, before the Court decided Clapper.) Hedges, you will recall, is a challenge to the . . .
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D.C. Circuit Orders Al-Bahlul To Reply to the Government’s Petition for En Banc Rehearing

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Saturday, March 9, 2013 at 1:09 PM

As Steve noted on Tuesday, the government petitioned for rehearing in the military commission case of United States v. Al-Bahlul, asking the full D.C. Circuit to overturn: (1) a three-judge panel’s holding, in Hamdan II, that commissions lack jurisdiction to try, as regards pre-2006 conduct, material support for terrorism; and (2) another panel’s invalidation of Al-Bahlul’s conviction for standalone conspiracy.  The . . .
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Publicity Stunt Postscript: Senators Cruz and Paul Propose Legislation on Targeted Killing by Domestic Drones

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Thursday, March 7, 2013 at 10:35 PM

Readers by now know this much: Senators Rand Paul and Ted Cruz harbor great anxieties about possible drone strikes against U.S. citizens on U.S. soil—chiefly against citizens who pose no imminent threat to our national security. And their concerns apparently will outlive John Brennan’s confirmation, earlier today, as Director of the Central Intelligence Agency. (For . . .
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Sen. Rand Paul Is Still Filibustering the Brennan Confirmation

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Wednesday, March 6, 2013 at 6:09 PM

As the New York Times reports, Sen. Rand Paul (R-Ky.) has been speaking on the Senate floor since before noon in an effort to filibuster the nomination of John Brennan, President Obama’s chief counterterrorism advisor and nominee to lead the CIA. Watch the filibuster live on C-SPAN here. In the course of his speech, Paul has admitted that his . . .
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Clapper Opinion Recap: Supreme Court Denies Standing to Challenge NSA Warantless Wiretapping

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Tuesday, February 26, 2013 at 9:17 PM

As Wells reported, the Supreme Court issued its opinion in Clapper v. Amnesty International USA this morning. By a 5–4 vote, it held that a group of human rights organizations, lawyers, activists, and journalists lacked standing to challenge the constitutionality of a congressionally authorized, warrantless government surveillance program. The surveillance program was authorized by the . . .
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Lawfare Podcast Episode #27: Afghan Parliamentarian and Female Presidential Candidate Fawzia Koofi on Afghan Security and the Condition of Women and Girls

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Saturday, February 16, 2013 at 2:34 PM

Fawzia Koofi (website, Twitter) is an Afghan Member of Parliament and Vice President of the Afghan National Assembly. She is also running for President of Afghanistan in the planned April 2014 elections, and would be the first female president in Afghan history. She has a remarkable backstory: Born as the nineteenth of her father’s twenty-three children, . . .
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New D.C. District Court Orders in Obaydullah and Alhag Guantánamo Habeas Cases

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Friday, February 1, 2013 at 7:43 PM

The D.C. district court issued two Guantánamo-related orders on Wednesday. The first involved something of a triple habeas Hail Mary: Judge Richard Leon denied Obaydullah’s (no last name) motion for relief from (1) the court’s March 2012 denial of the petitioner’s classified (and thus unavailable) motion for reconsideration of (2) the court’s October 2010 denial . . .
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Military Commission Prosecutor’s Filings Regarding 9/11 Conspiracy Charges

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Saturday, January 26, 2013 at 8:39 AM

The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage here, here, and here; and Chief Prosecutor Brig. Gen. Mark Martins’s podcast with Ben on the decision . . .
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Kicking Off a New Term, Drone Style

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Monday, January 21, 2013 at 5:52 PM

Oaths, poems, 472 evening balls—color me unimpressed. This is the proper way to do an inauguration, courtesy of the leading source for national-security news and analysis, The Onion: Obama Begins Inauguration Festivities With Ceremonial Drone Flyover NEWS IN BRIEF • Politics • ISSUE 49•04 • Jan 21, 2013 WASHINGTON—Taking the oath of office for his second term today, President Barack Obama joined . . .
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