National Security, Technology & Law Working Group

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Analysis and Commentary

What’s The Matter With Visiting Kansas? Part II

by Nora Ellingsen, Benjamin Wittesvia Lawfare
Tuesday, November 15, 2016

Several weeks ago, we suggested President Obama take a trip to Kansas to visit a small town reeling from an attempted violent attack on a Muslim immigrant community there. At that time, three men had recently been arrested after compiling explosive to incite a “bloodbath” in the small Midwestern city.

Analysis and Commentary

For The Sake Of The Nation, Obama Should Pardon Clinton

by Susan Hennessey, Benjamin Wittesvia Lawfare
Saturday, November 12, 2016

Since Donald Trump’s surprise victory on Tuesday, a question has hung over the fate of his opponent, Hillary Clinton. Will—and should—President Barack Obama pardon her on his way out the door?

Analysis and Commentary

The Burden On Donald Trump

by Benjamin Wittesvia Lawfare
Wednesday, November 9, 2016

Donald Trump, whether he understands it or not, has won the presidency with a unique burden: Most serious national security experts regard him not merely as weak and unprepared for the roles of Commander in Chief and the country’s leader in foreign policy, but as an affiirmative national security threat.

Analysis and Commentary

The Attorney General’s Role In The Clinton Email Mess

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Monday, October 31, 2016

Over the last 48 hours, a parade of former senior Justice Department officials of both parties have written op-eds or given interviews slamming FBI Director James Comey for his action last week on the Clinton email matter.


James Comey, Hillary Clinton, And The Email Investigation: A Guide For The Perplexed

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Saturday, October 29, 2016

Yesterday, FBI Director James Comey threw the presidential election campaign into turmoil with a letter to Congress declaring that the Clinton email matter was, perhaps, not entirely done after all.

Analysis and Commentary

Memo To The Press: What Comey's Letter Does And Doesn't Mean

by Benjamin Wittesvia Lawfare
Friday, October 28, 2016

The press is full of "breaking news" stories that FBI Director James Comey has "reopened" the Clinton email investigation. It's juicy news less than two weeks before the election. But it's not quite right.

Analysis and Commentary

Successful Student Online Legal Writing

by Jack Goldsmithvia Lawfare
Thursday, October 27, 2016

I am teaching a seminar at Yale Law School this term, and the students there asked me—based on my experiences with Lawfare—to give a talk about student online writing. (I am also teaching a how-to “laboratory” at Harvard Law School for students who want to write for Lawfare.)

Analysis and Commentary

Rational Security: The "Strange Bedfellows" Edition

by Benjamin Wittesvia Lawfare
Thursday, October 27, 2016

Hillary Clinton and Donald Trump enter the home stretch of the presidential campaign. Hackers take down a key component of the Internet in an unprecedented attack. And WikiLeaks makes some unexpected alliances.

Analysis and Commentary

What’s The Matter With (Visiting) Kansas?

by Nora Ellingsen, Benjamin Wittesvia Lawfare
Wednesday, October 26, 2016

Here’s a free suggestion for President Obama and to FBI Director James Comey, for that matter: Take a trip to Kansas.

Analysis and Commentary

The Next President’s Fight Against Terror

by Jack Goldsmithvia Lawfare
Wednesday, October 12, 2016

That is the title of a conference Ben and I are participating in next week in D.C. at New America, in conjunction with Arizona State University's Sandra Day O'Connor College of Law and the McCain Institute.


Aegis on Lawfare

Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with Lawfare, it features long-form essays of the working group, examines major new books in the field, and carries podcasts and videos or the working group’s events in Washington and Stanford.

Security by the Book Podcasts

The Security by the Book podcast series features monthly interviews with authors of important, new national security-oriented books and publications.

The Working Group on National Security, Technology, and Law brings together national and international specialists with broad interdisciplinary expertise to analyze how technology affects national security and national security law and how governments can use that technology to defend themselves, consistent with constitutional values and the rule of law.

The group will focus on a broad range of interests, from surveillance to counterterrorism to the dramatic impact that rapid technological change—digitalization, computerization, miniaturization, and automaticity—are having on national security and national security law. Topics include cybersecurity, the rise of drones and autonomous weapons systems, and the need for and dangers of state surveillance. The group’s output will also be published on the Lawfare blog, which covers the merits of the underlying legal and policy debates of actions taken or contemplated to protect the nation and the nation’s laws and legal institutions.

Jack Goldsmith and Benjamin Wittes are the cochairs of the National Security, Technology, and Law Working Group.