Back when we founded Lawfare nearly three years ago, I got a call from a woman named Brooke Goldstein, who runs a group called The Lawfare Project based in New York. She was interested in possible collaboration, having noticed our … Read more »
A big hearing is taking place this morning at 9am before the Senate Judiciary Committee. Media report that the Verizon order will be declassified at this hearing.
Catch it live at the Committee’s website, or over at C-SPAN.… Read more »
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 … Read more »
The central substantive issue, legally and morally, in the administration’s Targeted Killing White Paper is how the concept of an “imminent threat” should be understood. This is where much of the debate is going to focus. Already, outrage from American … Read more »
Okay, everyone, take a deep breath. Chill out. The DOJ’s “White Paper” on targeted killing is no big deal. Really.
You wouldn’t know this from reading the somewhat breathless press coverage of the document, much of which offers a reasonable … Read more »
On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International, which poses the question whether a group of human rights organizations, lawyers, activists, and journalists have standing to challenge a congressionally-authorized warantless government surveillance … Read more »
In connection with my post this morning on the Brennan speech and the ACLU FOIA litigation, Jameel Jaffer – who heads up the ACLU’s National Security Project – had this op-ed on the FOIA litigation (with Nathan Wessler) on Monday … Read more »
Peter Margulies responds to Jameel Jaffer’s response:
I appreciate Jameel’s response to my earlier post, as I appreciate the work that he and the ACLU have done in promoting transparency. However, Jameel’s response largely reinforces my argument. First, Jameel
… Read more »
The ACLU’s Jameel Jaffer responds to Peter Margulies’ post yesterday on “moving the goal posts”:
Peter is mistaken. We filed that suit because we thought the photos would help the public understand what had happened in the detention centers. We
… Read more »
Peter Margulies writes in with this response to my request for examples of NGOs moving the goalposts in their demands about counterterrorism legal policy.
Administration critics “moved the goal posts” in responding to the Obama administration’s successful efforts to prevent
… Read more »
I have mixed feelings about this New York Times oped by the ACLU’s Jameel Jaffer and Larry Siems of the Freedom to Write program at the PEN American Center, who are urging that government officials during the Bush administration “who … Read more »
Five thoughts on Judge Bates’ Al Aulaqi decision:
First, as far as I’m concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated relatively precisely. The surprise is that Judge … Read more »
The Al Aulaqi argument today was long—far too long for me to write a blow-by-blow account of the entire session. It went on for three hours, and I had to duck out just before it ended. Even a brief summary … Read more »