Skip to content

Category Archives: Unfiled

DecodeDC on the AUMF

By
Friday, August 1, 2014 at 9:34 PM

The podcast DecodeDC has a new episode out on the question of the future of the AUMF. It’s largely a pair of interviews with Jennifer Daskal and me. A good introduction to the subject, in my opinion.

Jens Ohlin Is Guest-Blogging at Opinio Juris

By
Friday, August 1, 2014 at 5:16 PM

Cornell University law professor Jens Ohlin is one of the most intellectually interesting scholars on international criminal law around–trained in philosophy as well as law, doctrinally learned, and someone who manages to surprise me on a regular basis.  He has been running his own blog for a while now, LieberCode, but these two weeks is guest-posting . . .
Read more »

Readings: Laurie Blank on Proportionality in Jus in Bello in Israel-Hamas Conflict, a Primer

By
Friday, August 1, 2014 at 2:03 PM

Laurie Blank (Emory University Law School professor, director of its law of armed conflict clinic and, of course, well known to many Lawfare readers as a prominent scholar of LOAC) has an opinion column up at TheHill.com–a primer on the meaning of proportionality in the conduct of hostilities in the law of armed conflict, what it . . .
Read more »

On the CIA Inspector General’s Findings

By
Friday, August 1, 2014 at 7:12 AM

I have largely refrained, until now, from wading into the dispute between the Senate Intelligence Committee and the CIA over the mutual hacking allegations, on the theory that the facts were all contested and I couldn’t make heads or tails of what had really happened. That changed yesterday with the release of a summary of . . .
Read more »

Is Putin Selling Out Edward Snowden?

By
Thursday, July 31, 2014 at 5:24 PM

This is rank, arguably irresponsible, speculation. I have had no—that is to say zero—conversations with anyone who knows anything about Snowden’s status in Russia. I can thus offer no particularly good reason to believe that Vladimir Putin is getting ready to rid himself of Edward Snowden. But would you take four bad reasons? When you put them all . . .
Read more »

Snowden in Russia: Limbo Update

By
Thursday, July 31, 2014 at 7:58 AM

From the ITAR/TASS news—if you can call it that—agency: MOSCOW, July 31. /ITAR-TASS/. US intelligence leaker Edward Snowden still waits for the Russian authorities’ decision either to extend his temporary asylum in Russia for another year or grant him a political asylum, his lawyer Anatoly Kucherena said on Thursday. “Edward still remains in Russia and . . .
Read more »

Yeah, But Is It a Good Bill? Thoughts on the Leahy FISA Reform Proposal

By
Wednesday, July 30, 2014 at 10:46 PM

Yesterday evening, Jodie Liu and I summarized Sen. Leahy’s new FISA reform bill—which represents a legislative compromise between many of the major stakeholders in the NSA debate. One question we did not treat is whether the bill is any good. Short answer: In my opinion, at least, it’s mix—a proposal that will do some good but . . .
Read more »

Who Is Saying What About the Leahy Surveillance Bill

By
Wednesday, July 30, 2014 at 2:00 PM

Below you’ll find a compilation of public statements on Senator Patrick Leahy’s new and improved USA Freedom Act, which he unveiled yesterday. Suffice it to say:  the reviews are generally positive, give or take some rather qualified, less committal remarks from the Chairs of the Senate and House Intelligence Committees. Administration Ned Price, Spokesman for the . . .
Read more »

The Most Redacted Judicial Opinion I’ve Ever Seen

By
Wednesday, July 30, 2014 at 9:27 AM

The Guantanamo cases have nothing on this opinion from the 7th Circuit in the Daoud case. (hat tip: Josh Blackman)

Senator Leahy’s NSA Reform Bill: A Quick and Dirty Summary

By and
Tuesday, July 29, 2014 at 7:21 PM

As Wells reported this morning, Senate Judiciary Committee Chairman Patrick Leahy unveiled his version of the NSA reform bill today. Leahy’s bill is important because, well, it’s not just Leahy’s bill. It’s the bill. It represents a compromise between the intelligence community, the administration more generally, civil liberties groups, industry, and fairly wide range of . . .
Read more »