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Blogs

A Reply to Steve Vladeck and Raha Wala

by Benjamin Wittesvia Lawfare
Monday, January 26, 2015

Both Steve Vladeck and Raha Wala have penned responses to my post of last week complaining of the quality of the “Close Guantanamo” debate. I will react very briefly to each.

Herbert Lin
Blogs

New Addition to Lawfare’s Roster: Herb Lin

by Benjamin Wittesvia Lawfare
Saturday, January 24, 2015

I’m delighted to announce that Herb Lin has joined Lawfare as a contributing editor. Herb has actually been writing for us for a while, so he needs little introduction to Lawfare reader. He is currently a senior research scholar for cyber policy and security at the Center for International Security and Cooperation and Research Fellow at the Hoover Institution, both at Stanford University.

Blogs

Thoughts On The Al-Marri Release

by Benjamin Wittesvia Lawfare
Thursday, January 22, 2015

In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors. Quietly, on January 16, Al-Marri was released—having served just over five years of his time.

Blogs

Breaking Bad Drones

by Benjamin Wittesvia Lawfare
Thursday, January 22, 2015

Just in time for Gabriella Blum and my forthcoming book, The Future of Violence: Robots and Germs, Hackers and Drones: —Confronting A New Age of Threatcomes this story from the Associated Press:

Blogs

Rational Security, Episode 3: The State of the Union is Boring

by Benjamin Wittesvia Lawfare
Thursday, January 22, 2015

The new episode of Rational Security is out, featuring a general agreement to ignore the State of the Union and talk about the state of the United Arab Emirates instead.

Blogs

The Obama Administration Does Not Want A New AUMF

by Jack Goldsmithvia Lawfare
Wednesday, January 21, 2015

Last night the President “call[ed] on this Congress to show the world that we are united in this mission by passing a resolution to authorize the use of force against ISIL.”  This comes on the heels of his November statement that “I’m going to begin engaging Congress over a new authorization to use military force against ISIL.” 

Blogs

Relevant Passages Of President Obama’s State Of The Union Address

by Benjamin Wittesvia Lawfare
Tuesday, January 20, 2015

The following are the passages of tonight’s State of the Union address that seem to me most relevant to the Lawfare readership:

Blogs

Moral Obtuseness, Guantanamo, Boko Haram, And The Media

by Benjamin Wittes, Andy Wangvia Lawfare
Tuesday, January 20, 2015

This morning’s BBC’s NewsHour show opened with a news judgment reflecting a genuinely odd moral calculus.

Blogs

Reactions To NYT Story On North Korean Cyber Penetration

by Jack Goldsmithvia Lawfare
Monday, January 19, 2015

David Sanger and Martin Fackler write in the NYT that the NSA “drilled into the Chinese networks that connect North Korea to the outside world, picked through connections in Malaysia favored by North Korean hackers and penetrated directly into the North with the help of South Korea and other American allies,” and also placed malware in North Korean computer systems “that could track the internal workings of many of the computers and networks used by the North’s hackers.” 

Blogs

A Response To Bruce Schneier And A Cautious Defense Of Energy In The Executive

by Benjamin Wittesvia Lawfare
Friday, January 16, 2015

Bruce Schneier has responded to my earlier exchange with Edward Snowden with a challenging question: Putting aside what the Constitution currently does or does permit, wouldn’t it be better if all surveillance decisions were subject to judicial review?

Pages

The Briefing

The Briefing provides perspectives on national security under the auspices of the rule of law and US constitutional law.

Lawfare Blog

Privacy, Security, and the National Security Agency (NSA)

Hoover hosts Intelligence Challenges Workshop

Tuesday, May 27, 2014

Hoover senior fellow Amy Zegart and National Security Affairs Fellow Lieutenant Colonel Matthew Atkins hosted thirty five experts from government, the military, academia, and the private sector for a day-long workshop examining key current and emerging intelligence challenges. 

Event
The Briefing: Second Term Challenges - header

Second Term Challenges

Thursday, January 24, 2013

As Barack Obama begins his second term as president of the United States, the nation faces a range of formidable challenges at the intersection of which are national security and law.

News
Jeremy Rabkin (left) and Ariel Rabkin

New essay concerning cyber threats from the National Security and Law Task Force

Monday, May 21, 2012

The newest essay, “To Confront Cyber Threats, We Must Rethink the Law of Armed Conflict,” by Jeremy and Ariel Rabkin, is available on the Emerging Threats essay series page.

News
Living with the UN: American Responsibilities and International Order

International Law Expert Defines Ideal United States-United Nations Relationship Living with the UN: American Responsibilities and International Order

Wednesday, April 11, 2012
Stanford

Hoover Institution Press today released Living with the UN: American Responsibilities and International Order by Ken Anderson. In this book, Anderson examines the relationship between the United States and the United Nations and analyzes their interaction on issues including security, human rights, and development.

Press Releases
Israel and the Struggle over the International Laws of War

Politics and Law Scholar Peter Berkowitz Examines the Politicization of the Laws of War in Israel and the Struggle over the International Laws of War (Hoover Institution Press)

Monday, April 9, 2012
Stanford

Hoover Institution Press released Israel and the Struggle over the International Laws of War by Hoover senior fellow Peter Berkowitz. Berkowitz defends the international laws of war by exposing the flawed assumptions and defective claims that have gained currency from The Goldstone Report (2009 Report of the United Nations Fact Finding Mission) and the Gaza Flotilla controversy. In both instances, Berkowitz argues, accusations of unlawful conduct directed at Israel by official bodies of the United Nations, European states, Arab states, and Turkey that relied more on bluster and the determination to gain political advantage than on sound legal analysis. In both cases those accusations worked to criminalize not only Israel’s legitimate right of self-defense but all liberal democracies’ right to defend themselves against transnational terror.

Press Releases
National Security and Law Task Force meeting, January 2012.

Hoover Institution hosts National Security and Law Task Force meeting

Thursday, January 5, 2012

The Koret-Taube Task Force on National Security and Law met at the Hoover Institution on Thursday, January 5, 2012, to discuss the pressing challenges the United States confronts as it seeks, consistent with the Constitution and the international laws of war, to defend the nation and, where necessary, wage war.

News
Eyes on Spies: Congress and the United States Intelligence Community

Hoover Institution Press Releases Book Highlighting Why America's Post-9/11 Intelligence System Remains Dysfunctional

Tuesday, August 30, 2011
Stanford

Hoover Institution Press today released Eyes on Spies: Congress and the United States Intelligence Community by Hoover senior fellow Amy Zegart. Zegart's commentary is especially poignant in light of tenth anniversary of 9/11. As the nation evaluates whether we are safer today than we were ten years ago, Zegart examines surprising reasons for weaknesses in the US intelligence community and sheds light on why deficiencies continue to persist.

Press Releases
The Hoover Institution’s Koret-Taube Task Force on National Security and Law met June 10 and 11.

Hoover's National Security and Law Task Force Hosts Meeting

Wednesday, June 9, 2010

The Hoover Institution’s Koret-Taube Task Force on National Security and Law, which examines the rule of law, the laws of war, and American constitutional law with a view to promoting proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home, met June 10 and 11.

News
Stewart A. Baker

Stewart Baker, former Homeland Security official, addressed Hoover’s Koret-Taube Task Force on National Security and Law

Thursday, January 7, 2010

On January 7, 2010, Stewart Baker, former assistant secretary of Homeland Security, explained how exponential advances in technology improve the quality of life while at the same time provide terrorists unprecedented powers to wreak death and destruction.

News
Ruth Wedgewood

Task Force on National Security and Law Dinner

Thursday, June 11, 2009
Hoover

The Hoover Institution’s Koret-Taube Task Force on National Security and Law dinner was held in the Nicolas de Basily Room of the Hoover Tower on June 11. Task force member Ruth Wedgewood delivered before-dinner remarks titled “Piracy and the Law Adrift.”

Event

Pages

The National Security and Law Task Force examines the rule of law, the laws of war, and American constitutional law with a view to making proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home.

The task force’s focus is the rule of law and its role in Western civilization, as well as the roles of international law and organizations, the laws of war, and U.S. criminal law. Those goals will be accomplished by systematically studying the constellation of issues—social, economic, and political—on which striking a balance depends.

Peter Berkowitz serves as chair of the National Security and Law Task Force.