Skip to content

Tag Archives: Jeh Johnson

DHS Unity of Effort

By
Wednesday, April 23, 2014 at 2:05 PM

Big news over at the Department of Homeland Security.  Now in its 11th year, the Department continues to be operationally disaggregated into its component parts, with little of the cross-cutting economies of scale and efficiencies of effort that were a promised result of its creation.  Prior Secretaries have tried to tame the process with limited . . .
Read more »

Jeh Johnson Confirmation Hearing Video

By
Wednesday, November 13, 2013 at 2:55 PM

Here’s the video of Jeh Johnson’s hearing Wednesday before the Senate Homeland Security and Governmental Affairs Committee for confirmation as head of DHS:

“For the Rest of Time” — Really?

By
Wednesday, October 23, 2013 at 11:01 AM

How long will the enhanced security state in America last?  Apparently, some think it will be “for the rest of time.”  That has to be wrong. As readers of this blog know, I live on Capitol Hill and walk by the Supreme Court almost every day.  The Court building has been under renovation for what . . .
Read more »

Ending the End-of-War Timeline

By
Monday, October 7, 2013 at 10:50 AM

Nine or so months ago, following  President Obama’s inaugural address assertion that a “decade of war is now ending,” which came on the heels of Jeh Johnson’s speech about the end of war against al Qaeda and its affiliates, Lawfare started the “End-of-War” Timeline.  We felt pretty firmly, as I wrote at the time, that “War is not ending; it is continuing, . . .
Read more »

Jeh Johnson Speech on “A ‘Drone Court’: Some Pros and Cons”

By
Monday, March 18, 2013 at 9:30 AM

Former Pentagon General Counsel Jeh Johnson is, at this hour, giving this speech at Fordham Law School in New York: Keynote address at the Center on National Security at Fordham Law School:  A “Drone Court”: Some Pros and Cons by Jeh Charles Johnson[1] March 18, 2013 [preliminary extemporaneous remarks] Thank you for this invitation.  Today I . . .
Read more »

After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes

By and
Sunday, March 17, 2013 at 10:31 PM

In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future acts of terrorism or aggression against the United States”—that is to say, for statutory authorization of what that Administration called a “Global War . . .
Read more »

The US Government Position on Imminence and Active Self-Defense

By
Thursday, February 7, 2013 at 12:26 PM

(Updated and extended.)  The White Paper’s reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or bounds, etc.  But it’s worth bearing in mind that there’s nothing new in this from the standpoint of the US government.  The US government has held this view . . .
Read more »

What’s Really Wrong With the Targeted Killing White Paper

By
Tuesday, February 5, 2013 at 6:44 PM

There’s certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff’s “Headlines and Commentary” post for links).  At the risk of being unintentionally repetitive, I offer below the fold my own (exasperated) reactions to last night’s release–and to the . . .
Read more »

Announcing the “End-of-War” Timeline

By
Thursday, January 31, 2013 at 9:07 AM

A few days ago I posted a tongue-in-cheek reaction to President Obama’s inaugural address assertion that a “decade of war is now ending.”  The post was a timeline of USG war-related events in the weeks before and the week after inauguration.  In the short period covered by the timeline, the United States killed by drone attack . . .
Read more »

Second-Term Obama Administration Policy on Extra-AUMF Threats

By
Thursday, January 24, 2013 at 8:06 AM

As Ben noted, I have a short essay on extra-AUMF threats as part of a Hoover Institution Task Force on National Security and Law series.  Drawing on Bobby’s important paper on the topic, I briefly explain why terrorist threats not covered by the AUMF are growing.  I then outline the possible (domestic) legal bases to meet . . .
Read more »

Letter in Support of Brennan Nomination

By
Tuesday, January 22, 2013 at 2:03 PM

I’m pleased to report that a group of former Obama Administration lawyers (including yours truly) has just submitted to the Senate Select Committee on Intelligence a letter expressing our strong support for John Brennan’s nomination to be Director of the CIA.  As the letter states, in his current capacity as Assistant to the President for Homeland Security and Counterterrorism, . . .
Read more »

Jeh Johnson on the Rachel Maddow Show

By
Friday, January 4, 2013 at 4:22 PM

Last night, former DOD General Counsel Jeh Johnson was on the Rachel Maddow Show, discussing the war on terror, detention, and how the repeal of Don’t Ask, Don’t Tell, proceeded. Warning: the clip includes Maddow’s 8 minute introduction to the issue, followed by clips of Mr. Johnson’s speech at the Oxford Union, and then the . . .
Read more »

Readings: Defense Secretary Leon Panetta Speech at the National Press Club on National Security Strategy

By
Sunday, December 23, 2012 at 5:09 PM

Secretary of Defense Leon E. Panetta delivered a wide-ranging address on December 18, 2012 at the National Press Club in Washington DC on the United States’ overall national security strategy. The speech was part valedictory lap prior to Panetta stepping down after the New Year, part plea against “sequestration”  and its effects on DOD if . . .
Read more »

Raha Wala on Jeh Johnson’s Oxford Speech

By
Friday, December 7, 2012 at 10:28 AM

Raha Wala of Human Rights First writes in with this comment on Jeh Johnson’s Oxford Speech: Ken and Jack are right that DoD General Counsel Jeh Johnson, in his remarks at the Oxford Union, made a serious attempt to grapple with some hard issues associated with the “endgame” of the current conflict with al Qaeda.  . . .
Read more »

Military Detention of Non-Citizens and the Not-So-Negative Implications of the New Feinstein Amendment

By and
Friday, December 7, 2012 at 8:18 AM

As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule for the detention of U.S. citizens and lawful permanent residents (LPRs) apprehended within the United States, the effect of which would guarantee that such . . .
Read more »

DoD GC to Step Down at the End of the Year

By
Thursday, December 6, 2012 at 11:03 AM

Jeh Johnson, the Department of Defense’s General Counsel, will resign effective midnight on December 31 of this year.  According to his resignation letter, Johnson plans to take some time off, and then to return to private practice.  

Hard Issues Raised by Jeh Johnson’s Speech

By
Saturday, December 1, 2012 at 9:36 AM

I agree entirely with Ken that DOD General Counsel Jeh Johnson’s speech on the end-of-conflict with al Qaeda “makes a serious attempt to grapple with the conditions defining the endgame” and is “a significant articulation of the US government’s view of law and policy on counterterrorism.”  Here is the most important passage in the speech: “on . . .
Read more »

Jeh Johnson Speech at the Oxford Union

By
Friday, November 30, 2012 at 12:01 PM

At this hour, Pentagon General Counsel Jeh Johnson is giving the following speech at the Oxford Union in England: “The Conflict Against Al Qaeda and its Affiliates: How Will It End?” Jeh Charles Johnson General Counsel of the U.S. Department of Defense at the Oxford Union, Oxford University[1] November 30, 2012 Thank you for inviting . . .
Read more »

Three (Early) Observations on Judge Kavanaugh’s Analysis in Hamdan

By
Tuesday, October 16, 2012 at 11:57 AM

Raff already shared the news re: this morning’s D.C. Circuit decision reversing Salim Hamdan’s military commission conviction for providing material support to terrorism (MST), holding that MST wasn’t a recognized violation of the laws of war prior to 2006 (when it was codified as part of the Military Commissions Act of 2006), and so the MCA . . .
Read more »

More on the Obama Administration’s National Security Speeches

By
Friday, April 20, 2012 at 6:24 PM

Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston.  As a former Bush Administration official who would like to encourage more bipartisanship on national security legal issues, I want to join Ken’s and Ben’s positive reviews. The Administration . . .
Read more »