Secrecy
55 Articles

The ACLU Goes to War
The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…

Donald Trump’s Drone War
My new book, The Drone Memos, will be published by The New Press today. The Guardian is running a 4000-word slice of the 20,000-word introduction on its website this morning. The…

10 Questions to Ask Yourself When Reading Jameel Jaffer’s “The Drone Memos”
Jameel Jaffer’s new book, The Drone Memos: Targeted Killing, Secrecy, and the Law, will be published on November 15, and hard copies will also be available at Just Security’s…

The Drone Memos—The Book
My new book, The Drone Memos, will be published on November 15. It’s a collection of the most important legal and policy documents relating to the U.S. drone campaign, preceded…

No More Snowdens? Start by Reforming the House Intelligence Committee
Last Thursday, the House Intelligence Committee (HPSCI) issued a report condemning Edward Snowden and its members unanimously urged President Obama to decline public calls to grant…

It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…

It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…

Looking Back on the Pentagon Papers Decision
In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…

A Less-Secret Drone Campaign
Stephen Whisler, Predators and Reapers 2012, pastel on paper This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor…

Are US Courts Going Dark?
Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…

The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…

Overseas Surveillance in an Interconnected World
Outside the pages of Just Security and a handful of other places, it’s hard to find much debate over the NSA’s overseas surveillance activities. The same lawmakers and pundits…