National Security & Law Task Force

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Analysis and Commentary

The cybersecurity changes we need

by Jack Goldsmithvia Washington Post
Saturday, May 29, 2010

The news is filled with scary stories about the insecurity of the computer and telecommunication systems on which our nation's prosperity depends...

The Structure of Terrorism Threats and the Laws of War

by Matthew Waxmanvia Duke Journal of Comparative & International Law, Vol. 20, 2010
Wednesday, May 26, 2010

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies...

Analysis and Commentary

President Obama needs more legal tactics against terrorists

by Benjamin Wittesvia Washington Post
Friday, May 14, 2010

It is a pincer action against the presidency -- a bipartisan, cross-ideological effort to make it as difficult as possible to handle domestic national security emergencies...

The Exceptional Document

by Peter Berkowitzvia Policy Review
Thursday, April 1, 2010

Peter Berkowitz on The Citizen’s Constitution: An Annotated Guide by Seth Lipsky.

Analysis and Commentary

Anti-counterfeiting agreement raises constitutional concerns

by Jack Goldsmithvia Washington Post
Friday, March 26, 2010

The much-criticized cloak of secrecy that has surrounded the Obama administration's negotiation of the multilateral Anti-Counterfeiting Trade Agreement was broken Wednesday. . . .

Analysis and Commentary

Presumed Innocent?

by Benjamin Wittes with Hoover Institution, Jack Goldsmithvia New Republic
Wednesday, March 24, 2010

The attacks on the Justice Department lawyers who had represented Guantanamo detainees angered me for several distinct reasons. . . .

Analysis and Commentary

KSM's dispensable trial

by Jack Goldsmith, Benjamin Wittesvia Washington Post
Friday, March 19, 2010

The Obama administration and its critics are locked in a standoff over whether to try Khalid Sheikh Mohammed and the other alleged Sept. 11 conspirators in a military commission or in federal court. . . .

Analysis and Commentary

Climategate Was an Academic Disaster Waiting to Happen

by Peter Berkowitzvia Wall Street Journal
Saturday, March 13, 2010

The notion of objective truth has been abandoned and the peer review process gives scholars ample opportunity to reward friends and punish enemies. . . .

Obama sways to the politics of war

by Jack Goldsmithvia Financial Times
Tuesday, March 9, 2010
Harsh realities may affect the trial of Khalid Sheikh Mohammed, writes Jack Goldsmith
Analysis and Commentary

The National Security Dimension

by Matthew Waxmanvia New York Times
Tuesday, March 9, 2010

Efforts that are purportedly about transparency of government service and adherence to conflict-of-interest policies are, unfortunately, being used to paint detainee lawyers as disloyal to the country. . . .


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

Tad and Dianne Taube Senior Fellow
Senior Fellow

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.