Skip to content

Tag Archives: Washington Post

The Washington Post Fingers the Person Behind the Snowden Disclosures!

By
Wednesday, March 18, 2015 at 2:15 PM

In what is surely a typographical error, the Washington Post has named NSA General Counsel Raj De as the man behind the Snowden disclosures: De’s last day was Friday, and he plans to start at Mayer Brown in June as head of the firm’s privacy and security practice in Washington. He had been NSA’s general counsel . . .
Read more »

Reactions to the President’s AUMF Draft Don’t Augur Well

By
Monday, February 16, 2015 at 9:23 AM

The New York Times thinks President Obama’s draft AUMF is dangerously broad: The parameters of a proposed war authorization the White House sent toCongress on Wednesday, however, are alarmingly broad. It does not limit the battlefield to Syria and Iraq, the strongholds of the Islamic State, also known as ISIS or ISIL, which is attempting to . . .
Read more »

Jack Goldsmith and Jane Harman on Closing Guantanamo

By
Wednesday, February 11, 2015 at 2:00 PM

Jack Goldsmith and Jane Harman had a piece in the Washington Post a few days ago on the Guantanamo closure question: Guantanamo should be closed but not until the president presents a realistic plan and makes his case to Congress and the nation. Any blueprint must address very real issues related to the island facility’s 122 remaining . . .
Read more »

Squaring a New AUMF for ISIL with the President’s NDU Speech…

By
Saturday, August 23, 2014 at 1:57 PM

As Bobby has noted, Karen DeYoung of the Washington Post is reporting that the Administration is now considering more seriously whether to ask Congress for authorization to use military force against the Islamic State.  Jack has argued persuasively why it would make sense for the President to seek a congressional mandate. And it is worth noting . . .
Read more »

An AUMF for ISIL At Last? Questions Raised by the Post’s Account of the White House Debate

By
Saturday, August 23, 2014 at 12:41 AM

The Washington Post reports tonight that the White House is actively considering whether to go to Congress to seek an explicit authorization to use force against ISIL. [UPDATE: see also the corresponding NY Times story, which focuses on the underlying policy debate rather than the law; it helps make clear that the legal debate reported . . .
Read more »

U.S. Air Strikes in Iraq Begin

By
Friday, August 8, 2014 at 9:44 AM

The Pentagon tweets that the U.S. military has begun airstrikes against Islamic State (IS) positions in Iraq.  Precisely, force has been deployed against IS artillery that was used “against Kurdish forces defending Erbil, near US personnel.”  I have not yet seen a clear explanation of the domestic legal basis for the strikes, but the mention . . .
Read more »

Senators Express Concern on 702 Interpretation

By
Sunday, July 27, 2014 at 3:43 PM

Ellen Nakashima at the Washington Post reports that four U.S. Senators—Jon Tester, Jeff Merkley, Mark Begich, and John Walsh—wrote a July 24th letter to DNI Clapper expressing their concerns with NSA’s interpretation of Section 702 of the FISA Amendments Act of 2008. They pull heavily from the PCLOB report released earlier this month, in which the Board observed that . . .
Read more »

Schlesinger v. Cillizza

By
Tuesday, July 22, 2014 at 7:34 AM

Chris Cillizza has a piece in the WP that argues that the world is too splintered and partisan and complex, and communication and persuasion too difficult, for the president of the United States to succeed.  This is an old claim.  John Steinbeck said of the presidency under Johnson: “We give the President more work than . . .
Read more »

Barton Gellman on the Washington Post’s NSA Story

By
Monday, July 14, 2014 at 5:19 PM

Over at the Washington Post, reporter Barton Gellman has a lengthy article on his (and his coauthors’) reporting methods and ethical choices in their recent story on the large cache of electronic conversations that Edward Snowden gave them. The article is excellent—interesting and illuminating in a number of respects—and I recommend reading it in its entirety. For present purposes, . . .
Read more »

Snowden and Civil Liberties: A Brief Follow-Up

By
Wednesday, July 9, 2014 at 9:00 AM

Yesterday, I posted a short piece saying that we should think about Edward Snowden’s leak of large volumes of personal communications to the Washington Post as a significant civil liberties violation. In doing so, I noted the language of the Privacy Act. In response, a bunch of people have accused me of crying crocodile tears for civil . . .
Read more »

Edward Snowden: Civil Liberties Violator

By
Monday, July 7, 2014 at 11:56 PM

A government contractor steals tens of thousands of highly-sensitive communications intercepts. The communications have national security implications, yes, but put that aside for now. They also involve the most intimate details of the lives of thousands of people: their love letters, their pictures of their kids, their pictures of themselves in lingerie, records reflecting their . . .
Read more »

A Quick Read of the Post’s Latest NSA Story

By
Sunday, July 6, 2014 at 11:14 AM

The Washington Post has a dramatic new NSA story today, one that is qualitatively different from any of the previous Edward Snowden revelations. Written by Barton Gellman, Julie Tate, and Ashkan Soltani, the story describes a large cache of intercepted communications (roughly 160,000 email and instant message exchanges) and the benefits and privacy costs of . . .
Read more »

Why Imminence? The Assassinations Ban and that OLC Al-Aulaqi Memo

By
Thursday, June 26, 2014 at 1:44 PM

The other day, I tried to read the tea leaves and figure out where the notion of “imminent threat” comes from in the administration’s legal views of targeted killing. I speculated that the source of the “imminent” threat standard may well be language in the presidential covert action findings authorizing the CIA’s broad campaign against Al Qaeda . . .
Read more »

The Washington Post and Guardian Pulitzers: I Dissent

By
Tuesday, April 15, 2014 at 8:30 AM

I know it is rude and churlish to offer anything but warm congratulations when former colleagues win a major prize—much less journalism’s most prestigious award. I know I am courting a barrage of hostile tweets and emails with these words. I know as well that I am on the losing end of elite opinion on these . . .
Read more »

WaPo on the Scope of NSA’s Telephone Metadata Collection

By
Friday, February 7, 2014 at 11:19 AM

This just in from the Post’s Ellen Nakashima: The National Security Agency is collecting less than 30 percent of all Americans’ call records because of an inability to keep pace with the explosion in cellphone use, according to current and former U.S. officials. The disclosure contradicts popular perceptions that the government is sweeping up virtually all domestic phone data. . . .
Read more »

The Effect of the Proposed Repeal of the 2002 Iraq AUMF

By
Friday, January 10, 2014 at 3:07 PM

The Washington Post reports that Senator Paul “plans to introduce legislation to repeal the use-of-force resolution that paved the way for the Iraq war,” and notes that President Obama supports the repeal of the Iraq AUMF.  The 2002 Iraq AUMF authorizes the President to use necessary and appropriate force to “(1) defend the national security . . .
Read more »

Eugene Robinson Gets it Wrong on Drones

By
Tuesday, December 3, 2013 at 7:53 AM

Over at the Washington Post, columnist Eugene Robinson has a piece decrying the morality of drone strikes—a piece that expresses with an admirable economy of words nearly every conceptual error one can make on the subject. Let’s dissect. The problems begin right at the top, where Robinson begins by conceding that “U.S. drone attacks in Afghanistan, Pakistan . . .
Read more »

Extraordinary U.S. Press Freedom to Report Classified Information

By
Monday, December 2, 2013 at 8:05 AM

The Washington Post reported last week that the United States government had decided not to prosecute Julian Assange for his role in the massive release of classified State Department cables because “government lawyers said they could not do so without also prosecuting U.S. news organizations and journalists.”  For reasons I outlined almost three years ago, I think this is the . . .
Read more »

Should U.S. Law Protect the Privacy of Foreigners Abroad?

By
Friday, November 1, 2013 at 12:04 AM

United States privacy law traditionally has only protected the privacy of those in the United States and U.S. citizens abroad. Over at Just Security, David Cole argues that this should change. Privacy is a human right, he argues, and U.S. law should protect the privacy of foreigners all around the world. David offers three pragmatic . . .
Read more »

What Does Cybersecurity Have To Do With Health Care?

By
Wednesday, October 30, 2013 at 10:02 PM

Not much, of course.  But according to this report in the Washington Post, Secretary Sebelius today responded to reports of a cybersecurity breach that was discovered recently.  According to Sebelius “there was not a breach” but a “theoretical problem” raised by a “skilled hacker.” She said the problem “was immediately fixed.”   Translated that means . . .
Read more »