Lawfare: 10th Anniversary Project

Latest in Lawfare: 10th Anniversary Project

Detention: Law of

Mea Culpa: Steve Vladeck

 Steve Vladeck is a professor of law (and Associate Dean for Scholarship) at American University Washington College of Law.  Steve is the author of many terrific articles relating to national security and the law, including "The New Habeas Revisionism" in Harvard Law Review.  Steve also has been heavily involved in writing amicus briefs in security-related cases, and was part of the legal team that prevailed in the landmark 2006 decision in Hamdan v.

Detention: Law of

Mea Culpa: Jonathan Hafetz

Jonathan Hafetz, a habeas lawyer and law professor at Seton Hall University School of Law and the author of  Habeas Corpus after 9/11: Confronting America's New Global Detention System, writes in with the following in connection with Lawfare's 9/11 10th Anniversary Project:

The central challenge facing lawyers in the early days of the Guantánamo habeas corpus litigation was to persuade the

Interrogation: CIA Program

Mea Culpa: John Rizzo

John Rizzo, former acting general counsel for CIAwrites in with the following in connection with Lawfare's 9/11 10th Anniversary Project. This essay is adapted from a longer piece, entitled "9/11: Three Major Mistakes," which was published today in the Hoover Institution's Defining Ideas:  

I was the CIA’s chief legal officer for six-and-a-half of the first eight years following the 9/11 attacks.


Mea Culpa: Lawfare

In the Fall of 2002, a month or so after I started work in the Defense Department General Counsel’s office, I had a chat with Rear Admiral Michael Lohr, who at the time was the Judge Advocate General of the Navy.  I had come to the Pentagon from the University of Chicago Law knowing very little about how the U.S. military worked.


Mea Culpa: Shane Harris

Shane Harris, senior writer for Washington magazine and author of the The Watchers: The Rise of America's Surveillance State, writes in with the following in connection with Lawfare's 9/11 10th Anniversary Project:  

On September 11, 2001, I was a technology beat reporter covering the federal government, and I quickly became enamored--as did many of the p


Mea Culpa: The Military's Proper Role in Strengthening the Rule of Law During Armed Conflict

My contribution to Lawfare's 10th Anniversary Project concerns the role of the military in strengthening justice institutions in countries struggling to emerge from instability, a topic on which my personal and professional views have changed as a result of deployments to Iraq and Afghanistan and service in U.S.

Secrecy & Leaks

Mea Culpa: Stewart Baker

Stewart Baker, former general counsel of the NSA and policy chief at DHS, is the author of Skating on Stilts: Why We Aren't Stopping Tomorrow's Terrorism. He writes in with the following as part of Lawfare's 9/11 10th Anniversary Project:

It turns out that I have a contemporary record of my views in the immediate aftermath of 9/11.

Lawfare: 10th Anniversary Project

Mea Culpa: Joseph Margulies

Joseph Margulies is a professor at Northwestern Law School who serves as the associate director of the MacArthur Justice Center.  Joseph served as counsel of record on behalf of the detainees in Rasul and Munaf, and currently is counsel to Abu Zubaydah.  Joseph also is the author of the book Guantanamo and the Abuse of Presidential Power.  He writes in with the following contribution to 


Mea Culpa: The Virtues of Habeas Review Outside the Combat Zone

My contribution to our 9/11 10th Anniversary Project concerns the role of the judiciary in relation to detention.  Well do I recall my reaction to the first wave of Guantanamo litigation back in the 2002-2004 period, the wave the culminated in the Supreme Court's Rasul decision (construing the federal habeas statute to confer jurisdiction with respect to habeas claims brought by Guantanamo detainees).  I was certain that Johnson v.

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