Civil Liberties
1,361 Articles
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
On Rereading the Torture Report – SSCI Focus Gave Too Many Perpetrators a Pass
I have an opinion piece in today’s New York Times Sunday Review provocatively titled (by the NYT editors), “Did the Torture Report Give the CIA a Bum Rap?” Why now, and why…
Guest Post: CVE Efforts Should be Based on Facts, Not Flawed Theories
Ed. note: This guest post was produced as part of the Brennan Center for Justice’s interview series, Rethinking Intelligence. Yesterday, the White House kicked-off a three-day summit…
The Shrinking Military Commissions, Redux
Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
Europe’s Newest Attempts at Anti-Terror Regulation Could Shake the Foundations of the EU
A British border force boat on patrol. Credit: Vicky Brock via Wikimedia Commons. In the aftermath of the Copenhagen shootings this weekend, the results of a summit of 28…
Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans
Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…
Letter to President Obama on 2001 AUMF Sunset
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Ryan Goodman, Rebecca Ingber, Harold Koh, and I–sent a letter…
Surveillance and the Vanishing Right to Know
Editor’s Note: This post offers a preview of the authors’ upcoming article in the Santa Clara Law Review: The Notice Paradox: Secret Surveillance, Criminal Defendants…
The D.C. Circuit, Samoan Citizenship, and the Insular Cases
Much has already been written about next Tuesday’s D.C. Circuit argument in In re al-Nashiri, an important case arising out of the Guantánamo military commissions. The…
The Newest Reforms on SIGINT Collection Still Leave Loopholes
Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Homeland Insecurity: Checkpoints, Warrantless Searches and Security Theater
Since June 2013, the American public, press, and policy-makers have been debating the implications of Edward Snowden’s disclosures of mass U.S. government surveillance programs,…