Recent Articles
Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case
As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
The Early Edition: July 14, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA The US has…
John Brennan on “enhanced interrogation techniques”
At this event today at Brookings, CIA Director John Brennan reiterated what he has said before: — “you cannot establish cause and effect between the [CIA’s]…
Syria, J’Accuse! Syrian State Responsibility for War Crimes
So far, achieving any measure of accountability for the grave international crimes being committed in Syria has been elusive, as I’ve outlined before. A draft Security Council…
Judge Garland & The Foreign Sovereign Immunity Act
As promised, this post surveys several Foreign Sovereign Immunity Act (FSIA) opinions penned by Judge Garland while on the D.C. Circuit. Judge Garland has had occasion to consider…
The Early Edition: July 13, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA Many in the…
Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship
David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
Visions and Revisions: Karen Greenberg on the Making of the Modern Security State
“It’s lovely to live on a raft. We had the sky up there, all speckled with stars, and we used to lay on our backs and look up at them, and discuss about whether they was made…
Judge (Justice?) Merrick Garland & International Law
I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
The Early Edition: July 12, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA The US is…
Guest Post: What is FBI Director Comey Doing?
Amidst the furor following the FBI and Justice Department’s decision not to charge Hillary Clinton for the handling of her State Department emails, there has been much less attention…