Whether Russia can claim immunity in the DNC’s lawsuit may turn on “where” the DNC was hacked. Precedent in the D.C. Circuit indicates that answering that question isn’t easy.
Grayson Clary Tue, May 1, 2018, 8:00 AM
Herb Lin Thu, Jul 26, 2018, 8:26 AM
A recent poll suggests the importance of not conflating the concepts of campaign “meddling” and cyber issue.
This Week at the Military Commissions, Special Majid Khan Edition: “The Whole Enhanced Interrogation Thing”Quinta Jurecic Thu, Sep 15, 2016, 3:37 PM
We’re here today featuring a blast from the past. Remember Majid Shoukat Khan, the low-level Al Qaeda operative who pled guilty to all charges filed against him in 2012?
Coleman Saunders Tue, Feb 13, 2018, 12:30 PM
Proceedings in the matter of al-Iraqi reconvened for the first time since July, and addressed complications arising from the defendant’s health issues.
Raffaela Wakeman Wed, Jan 16, 2013, 3:03 PM
There was an attack today on the headquarters of Afghanistan's intelligence agency. At least one person has been killed, say Kevin Sieff and Sayed Salahuddin of the Washington Post. Azam Ahmed of the New York Times also reports.
Tamar Hostovsky Brandes, Idit Shafran Gittleman Mon, Sep 24, 2018, 3:05 PM
The high court ruled that the government could not deny entry to a group of women related to Hamas members who needed lifesaving medical care. But it stopped short of saying such a policy amounted to a illegitimate collective punishment
Andrew Keane Woods, Peter Swire Tue, Feb 6, 2018, 5:49 PM
Congress could make the Microsoft-Ireland dispute moot.
Hawaii District Court Grants in Part Motion to Modify Scope of Preliminary Injunction in Travel Ban CaseQuinta Jurecic Thu, Jul 13, 2017, 11:42 PM
The U.S. District Court for the District of Hawaii has granted in part the plaintiffs' motion to enforce, or, in the alternative, modify the scope of the preliminary injunction in the travel ban case. The motion came before the court in response to the Trump administration's narrow interpretation of the Supreme Court's per curiam order allowing implementation of the ban.
The order is available in full below.
Ashley Deeks Thu, Nov 14, 2013, 12:00 PM
Ben and David Cole have been having an exchange (see here and here) about a “universal right to privacy,” including a discussion about what such a right might look like. Stepping back, it is useful to understand how international law currently creates or regulates a “right to privacy” and how that right might (or might not) extend to extraterritorial surveillance by a state. In short, even those who read the scope of the International Covenant on Civil and Poli
A Guide to Countering Chinese Government Spin on the Fairness of the South China Sea Arbitration TribunalJulian Ku Mon, Jun 20, 2016, 10:43 AM
As public service, a few short responses to rebut talking points spouted by Chinese diplomats or PR hacks trying to undermine the legitimacy of the arbitral tribunal and the entire UNCLOS process.
Sarah Grant Wed, Nov 14, 2018, 12:09 PM
The government notified two federal circuit courts that it may take its appeal of a preliminary injunction straight to the Supreme Court.
Lev Sugarman Mon, Mar 25, 2019, 1:50 PM
Lawfare's weekly roundup of event announcements and employment opportunities.
UnfiledBenjamin Wittes Mon, Dec 20, 2010, 3:36 PM
For the past several months, the Obama administration has been in a weird limbo about Guantanamo. On the one hand, it has barely lifted a finger to effectuate its declared policy of closing the facility--afraid of the politics of the fight it would have on its hands were it to try. It has rope-a-doped spending restriction after spending restriction on bringing detainees to the United States and transferring them abroad. And it has buckled on the much ballyhooed civilian trials it promised in its heady early days.
Susan Landau Wed, May 17, 2017, 1:56 PM
Allowing Senate staff to use Signal is an important move toward better information security.
Helen Klein Murillo Wed, Jan 11, 2017, 9:14 AM
Pre-trial proceedings resume in the case of alleged al-Qaeda commander Abd al Hadi al Iraqi.
Cody M. Poplin Tue, Jul 28, 2015, 11:05 AM
Secretary of State John Kerry, Secretary of the Treasury Jack Lew, and Secretary of Energy Ernest Moniz provided testimony on the Iran nuclear deal today before the House Foreign Affairs Committee.
You can watch the hearing below:
Jack Goldsmith, Benjamin Wittes Fri, Jul 15, 2016, 7:13 AM
The next in our series of soirees at the Hoover Institution's Washington Office will take place on July 20, when Ben interviews Walter Pincus about his new essay, "Reflections on Secrecy and the Press from a Life in Journalism." This series of conversations about national security law and policy, mostly focused on books, is sponsored by the Hoover Institution's National Security, Technology, and Law Working Group.
David Dollar Sun, Jan 4, 2015, 10:00 AM
Editor’s Note: China’s huge population and spectacular economic growth since the 1980s at first gave rise to fears, and now a sense of inevitability, that China will surpass the United States in the 21st century. Beyond the loss of U.S. dominance, China remains authoritarian, making the prospect of its rise worrisome. David Dollar, my colleague at Brookings, challenges this gloomy consensus, pointing out that China’s authoritarianism might stop it from moving to the next economic level.
Kenneth Anderson Fri, Aug 1, 2014, 2:03 PM
Laurie Blank (Emory University Law School professor, director of its law of armed conflict clinic and, of course, well known to many Lawfare readers as a prominent scholar of LOAC) has an opinion column up at TheHill.com--a primer on the meaning of proportionality in the conduct of hostilities in the law of armed conflict, what it is and what it isn't.
Wells Bennett Tue, Jun 5, 2012, 2:41 PM
You'll recall that the three-judge panel in Hamdan v. United States - or, gauging by the questions at oral argument, really only Judge Douglas Ginsburg - was interested in whether the defendant's release from custody had mooted his appeal. During argument, the government had agreed with the defendant's lawyers that the case was not moot, and thus could proceed; nevertheless, and perhaps out of deference to Ginsburg, Chief Judge David Sentelle sought further briefing on the issue.