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Complexities of CybersecurityAnalysis and Commentary

The Briefing: The Complexities Of Cybersecurity

by Peter Berkowitzvia The Briefing
Monday, February 23, 2015

In June 2013, when he began leaking thousands of classified documents — from among hundreds of thousands that he had stolen — about America's global surveillance programs, Edward Snowden, a former employee of the National Security Agency, confirmed the arrival of the cyber era...

Analysis and Commentary

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

by Benjamin Wittesvia Lawfare
Monday, February 16, 2015

The New York Times thinks President Obama’s draft AUMF is dangerously broad:

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Analysis and Commentary

Errors And Misconceptions About The Obama Draft AUMF

by Jack Goldsmithvia Lawfare
Monday, February 16, 2015

Much of the discussion in recent days about the Obama draft AUMF for ISIL contains mistakes and misconceptions, at least as I see matters.

Analysis and Commentary

Rational Security, Episode #6: The “Men Behaving Badly” Edition

by Benjamin Wittesvia Lawfare
Friday, February 13, 2015

The latest episode of Rational Security is now out. Enjoy!

White House at night
Analysis and Commentary

A Possible Answer To Jack’s AUMF Question

by Benjamin Wittesvia Lawfare
Thursday, February 12, 2015

Jack ends his excellent and comprehensive post this morning, a post which I will not try to summarize, with the following statement:

The White House
Analysis and Commentary

The Administration’s Hard-To-Fathom Draft AUMF

by Jack Goldsmithvia Lawfare
Thursday, February 12, 2015

Before I get to analysis and criticism, let me give the Obama administration credit for proposing a draft AUMF yesterday.  The administration’s many promises about working with Congress to craft an AUMF for the Islamic State (ISIL), combined with the lack of a concrete proposal that has long been the President’s responsibility, had led me to doubt that it really wanted one.

Analysis and Commentary

More On Administration’s Draft AUMF

by Jack Goldsmithvia Lawfare
Thursday, February 12, 2015

Some follow-ups to my earlier post on the administration’s ISIL-specific AUMF:

Analysis and Commentary

Jack Goldsmith and Jane Harman on Closing Guantanamo

by Benjamin Wittesvia Lawfare
Wednesday, February 11, 2015

Jack Goldsmith and Jane Harman had a piece in the Washington Post a few days ago on the Guantanamo closure question:

Washington DC Skyline
Analysis and Commentary

Notes On Reading The President’s AUMF Proposal

by Benjamin Wittesvia Lawfare
Wednesday, February 11, 2015

Here are the key policy judgments in the President’s AUMF proposal:

Barack Obama
Analysis and Commentary

Will President Obama Go Where He Promised He Wouldn’t?

by Benjamin Wittesvia Lawfare
Wednesday, February 11, 2015

Over at Just Security, Steve Vladeck and a group of scholars have posted a letter to President Obama asking him to include in his AUMF proposal not merely a sunset for the new ISIS AUMF but one for the underlying 2001 AUMF too.

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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

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Hoover’s Koret-Taube Task Force on National Security and Law holds inaugural dinner, discussion of legal issues surrounding terrorism

Friday, January 25, 2008

Members of the Hoover Institution’s recently established Koret-Taube Task Force on National Security and Law held their inaugural dinner January 10 during which the formation and goals of the new task force were discussed.

News

Hoover Institution: Confirmation Wars: Preserving Independent Courts in Angry Times, by Benjamin Wittes

Wednesday, September 20, 2006
STANFORD

With the recent confirmations of John Roberts and Samuel Alito to the Supreme Court, the failed nomination of Harriet Miers, aging justices, repeated battles over lower-court nominations, and continuing controversy over the proper role of the federal courts, judicial confirmations have been front and center in U.S. politics in recent years ...

Press Releases

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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.