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Analysis and Commentary

A Speech by General Hayden

by Benjamin Wittesvia Lawfare
Wednesday, January 28, 2015

Events which took place at a Washington and Lee School of Law symposium on “Cybersurveillance in the Post-Snowden Age” include a speech by General Michael Hayden about NSA and surveillance matters.

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Analysis and Commentary

Did The Secret Service Watch The Lawfare Drone Smackdown?

by Benjamin Wittesvia Lawfare
Wednesday, January 28, 2015

Over at Defense One, Patrick Tucker has an interesting article headlined: “Did the White House Use Drone Killing Technology?”

Analysis and Commentary

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
Analysis and Commentary

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.

Analysis and Commentary

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.

Analysis and Commentary

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:

Analysis and Commentary

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.

Analysis and Commentary

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.” 

Analysis and Commentary

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:

Analysis and Commentary

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.

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The Hoover Institution Jean Perkins National Security & Law Task Force is no longer active as of August 31, 2015. This page will not be updated with future posts.

The Briefing

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

Lawfare Blog

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.