Benjamin Wittes is a Senior Fellow in Governance Studies at the Brookings Institution, where he co-directs the Harvard Law School-Brookings Project on Law and Security. He is the author of several books and a member of the Hoover Institution's Task Force on National Security and Law. For speaking information and for a larger collection of his work, see his Full bio »
That’s right… Henry V. Royal Shakespeare Company he’s not, but here’s the junior senator from Texas’s rendition (pun intended) of the St. Crispin’s Day Speech—and his explanation of how it relates to the domestic killing of Americans using drones … Read more »
Over at the Lawyers, Guns, and Money blog, Robert Farley has an interesting post taking me to task for ignoring the siege of Harfleur in my discussion of Henry V and the law of armed conflict. Farley quotes the lengthy … Read more »
Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with the following useful compilation of administration warnings about the effects of sequestration on national security:
The other day, Steve wrote a post noting a letter from habeas counsel at Guantanamo to the effect that “all but a few” detainees are currently on hunger strike to protest searches and confiscations and alleged abuses of the Quran. … Read more »
A few months ago, I attended a robotics conference in Edina, Minnesota, invited by a gentleman named Andrew Borene, who helped organize it. There were a lot of impressive robots at the conference. But in many ways, the one that … Read more »
I went to see a wonderful performance of Henry Vthis afternoon at the Folger Shakespeare Library—and I came away thinking about the law of armed conflict. I have wondered about early literary invocations of the laws of war before … Read more »
Just read this uplifting story from Wired Danger Room:
Late last year, a group of 3-D printing gunsmiths developed a key component for an AR-15 rifle that anyone with a 3-D printer could download and make at home. The
Over at Washingtonian’s new Dead Drop blog, Shane Harris has this fascinating piece, mining a just-released book for new information about the NSA’s warrantless wiretapping activities. Here’s how it opens:
More than a decade after the 9/11 terrorist attacks,
Over at at the Emptywheel blog, Ms. Wheel colorfully asks of yesterday’s House Judiciary Committee hearing: “Boy, what fucking idiots run DOJ (and, presumably, the Obama Administration generally)”? She goes on, marveling at the administration’s stupidity for refusing to … Read more »
Rep. Louie Gohmert: Thank you Mr. Chairman, and this is an exceedingly important topic. We do appreciate your being here today. Obviously the Justice Department folks are busy doing something more important
In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than … Read more »
Peter Margulies of Roger Williams School of Law writes in with the following comments on yesterday’s Clapper decision:
The Supreme Court’s decision Tuesday in Clapper v. Amnesty International reads at first like a substantial narrowing of standing doctrine. However, closer
Just what you need in life: Your very own cybernetic cockroach. Now, thanks to the folks at an outfit called “Backyard Brains” (“Neuroscience for Everyone!”), you can have one.
Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United States. It is a theme to which … Read more »
I’m not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through the unilluminating … Read more »
With Abraham Lincoln back in the news, the Federal Judicial Center has posted a series of neat documents about the suspension of habeas corpus and the Ex Parte Merryman case. Here’s a brief history of the case. Here’s an … Read more »
Chicago lawyer Pejman Yousefzadeh writes in, at my request, with the following thoughts on teaching students to counter cyber threats using the ancient strategic game of Go. Pejman, who writes a very interesting blog, generously over-imagines my skill at … Read more »
If “Guantanamo Prisoners to Receive GI Bill Benefits” sounds like a joke… that’s because it is. But the headline on the popular satirical military news site The Duffel Blog alarmed one Kentucky resident
Paul and Ritika have already linked to the Mandiant report yesterday on the Chinese People’s Liberation Army cyber espionage group known as Unit 61398. It’s a very impressive document. Here is the executive summary, for those who want more than … Read more »
As the co-creator of the Lawfare Drone Smackdown and the publisher (though not the baker) of this drone strike cake, I should perhaps check myself before cringing at other people’s drone humor. But I can’t help but ask at … Read more »
Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department national security official, writes in with the following thoughts on the FISA Court and its lessons for a possible “Drone Court”:
I’m not sure if this is by accident or on purpose, but the New York Times yesterday proposed advanced judicial review of a huge swath of targeting in warfare against terrorist groups.
Consider the first paragraph of yesterday’s Times editorial, … Read more »
My Brookings colleague Allan Friedman, a cybersecurity expert, sent me the following brief note following the State of the Union and the concurrent release of the president’s executive order on cybersecurity:
Why use the executive, rather than relying on legislation?
Ever since I wrote my post yesterday morning about how people were over-reading the imminence language of the White Paper, I have received a number of emails and tweets and comments suggesting that I am under-reading it. Then I got … Read more »
My colleague at Brookings, Daniel Byman, and I have written a lengthy paper on the different tools the United States uses in going after citizens abroad believed to have allied themselves with the enemy. The paper is still a draft, … Read more »
I received an email yesterday responding to Susan and my post, in which we suggested that that the White Paper had little new in it. Specifically, the email argued that Susan and I had understated the degree to which … Read more »
For those of you who have spent the weekend wondering what the next administrative change at Lawfare is going to be, wait no more. The advent of the Lawfare News Feed has made our news ticker (the rolling headlines that … Read more »
John Bellinger and Christoper Anders of the ACLU this morning had a discussion of John Brennan’s testimony, drone strikes, and the administration’s legal positions on CSPAN’s Washington Journal this morning. Please note which web site a CSPAN banner referred readers … Read more »
NPR’s Weekend Edition ran the following extended interview with me this morning on the subject of drone strikes, the White Paper, and the administration’s legal views more generally. It isn’t anything new to Lawfare readers, but Scott Simon and the … Read more »
WASHINGTON (The Borowitz Report)—Citing budgetary concerns, the United States announced today that it would discontinue regular Saturday drone strikes on U.S. citizens, beginning in 2014.
Coverage of President Obama’s speech yesterday is plentiful: Here are Peter Baker of the New York Times, Karen DeYoung and Greg Miller of the Washington Post, and Mark Mazzetti of the Times with an analysis of the key points of the speech. Scott Wilson of the Post also provides a rundown of the speech, and cites Ben. The Associated Press reports on lifting the transfer ban on Yemeni detainees, and Colleen McCain Nelson, Adam Entous, and Julia E. Barnes… Read more »