National Security, Technology & Law Working Group

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Analysis and Commentary

More On Donald Trump And The Justice Department

by Benjamin Wittesvia Lawfare
Wednesday, June 8, 2016

I received an email yesterday from a career Justice Department lawyer—whom I had not previously met—in connection with my recent rumination on the consequences for the Justice Department of a Donald Trump presidency.

Analysis and Commentary

Trump And The Powers Of The American Presidency (Part II)

by Benjamin Wittesvia Lawfare
Tuesday, June 7, 2016

It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting statement about the American Presidency.

Analysis and Commentary

Donald Trump And The Justice Department: An Update

by Benjamin Wittesvia Lawfare
Tuesday, June 7, 2016

Recently, I wrote this piece warning of what Donald Trump might do to the U.S. Department of Justice.


Three Years Later: How Snowden Helped The U.S. Intelligence Community

by Jack Goldsmithvia Lawfare
Monday, June 6, 2016

Three years ago today, The Guardian published the first story based on the huge archive of documents that that Edward Snowden stole from the National Security Agency while working as an NSA contractor.

Invitation To The Hoover Book Soiree: Fred Kaplan On "Dark Territory: The Secret History Of Cyber War"

by Jack Goldsmith, Benjamin Wittes
Monday, June 6, 2016

The next in our series of book soirees at the Hoover Institution's Washington Office will take place on June 15, when Ben interviews Fred Kaplan about his new book, Dark Territory: The Secret History of Cyber War.

Analysis and Commentary

How To Limit Jasta's Adverse Impact

by Curtis A. Bradley, Jack Goldsmithvia Lawfare
Friday, June 3, 2016

We have previously written about why we think JASTA—the bill approved by the Senate last month that would strip foreign sovereign immunity for certain terrorism-related torts inside the United States—is a bad idea.  We argued that the law would be widely perceived around the world as a violation of international law and that it would undermine the U.S. ability to claim immunity in other nation’s courts, and that these costs to the nation would likely outweigh any benefits to the potential plaintiffs.


Important First Step By HPSCI On Pre-Publication Review Reform

by Jack Goldsmith, Oona A. Hathawayvia Lawfare
Thursday, May 26, 2016

We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively on the pre-publication review issue that we first wrote about.

Analysis and Commentary

Trump And The Powers Of The American Presidency (Part I)

by Benjamin Wittesvia Lawfare
Wednesday, May 25, 2016

John Adams's famous aspiration is not our reality: We live in a government of men, as well as laws. One of those men, the most powerful of them all, may soon be Donald Trump.

Analysis and Commentary

Donald Trump And A Tale Of Two Washingtons

by Benjamin Wittesvia Lawfare
Monday, May 23, 2016

CNN reported yesterday that Sen. Lindsey Graham of South Carolina—after many months of principled opposition to Donald Trump—has decided to become a Trump enabler after all: Sen. Lindsey Graham, one of Donald Trump's fiercest critics, is now calling on Republicans to support their presumptive nominee.

Analysis and Commentary

The D.C. Circuit Hands Down Opinion In Khadr

by Benjamin Wittesvia Lawfare
Friday, May 20, 2016

Here it is. Judge Brett Kavanaugh's opinion for himself, Judge Thomas Griffith, and Senior Judge A. Raymond Randolph opens as follows: Omar Ahmed Khadr was a member of al Qaeda. On July 27, 2002, at the age of 15, 2 Khadr took part in a firefight in Afghanistan against U.S. forces. During the battle, Khadr killed a U.S. Army soldier, Sergeant First Class Christopher Speer.


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 is the chair of the National Security, Technology, and Law Working Group.