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Analysis and Commentary

12/9 Session: Afternoon Session: Did The Order Affect Operational Readiness?

by Benjamin Wittesvia Lawfare
Sunday, December 13, 2015

Judge Pohl calls the commission to order, and this time, we actually have a session. Everyone is here except Khalid Sheikh Mohammed and Mustafa Al Hawsawi, but they have waived their presences voluntarily. So we’re good to go.

US flag on military helmet

12/9 Session: Morning Session: Can't We Deconflict?

by Benjamin Wittes
Friday, December 11, 2015

Well, that was a bust! Wednesday morning’s 9/11 military commission session never gets past the opening formalities of verifying that the defendants are all present or, if not, voluntarily waiving their right to be present.

Analysis and Commentary

12/8 Session: Morning Session: On Female Guards And Female Attorneys

by Benjamin Wittesvia Lawfare
Friday, December 11, 2015

It’s Tuesday morning at Guantanamo at precisely 9:07, and Military Judge James Pohl calls the session to order. He is, as always, resplendent in his black robes, judicial authority emanating from his very being.

Featured

More Draft AUMFs!

by Jack Goldsmithvia Lawfare
Friday, December 11, 2015

I wrote yesterday about Representative Schiff’s draft AUMF. Republican representatives Welch and Rigell, Democratic Senator Kaine, and Republican Senator Flake also proposed a new ISIL AUMF yesterday.

Analysis and Commentary

Representative Schiff’s Good New Draft AUMF

by Jack Goldsmithvia Lawfare
Thursday, December 10, 2015

I remain skeptical that Congress will ever pass an ISIL AUMF. But if it is going to enact one, I recommend the one just proposed by Representative Schiff (which differs from the previous two he has proposed).

Analysis and Commentary

An Interesting Question About Donald Trump

by Benjamin Wittesvia Lawfare
Tuesday, December 8, 2015

On Twitter, NYU Law Professor Robert Howse posed a very interesting question about Donald Trump.

Analysis and Commentary

Donald Trump's Latest, And Mai El-Sadany's Latest

by Benjamin Wittesvia Lawfare
Monday, December 7, 2015

My phone just flashed a New York Times update at me: "Donald Trump Calls for Barring Muslims from Entering the U.S."

Analysis and Commentary

Statement From Military Commission Chief Prosecutor Mark Martins

by Benjamin Wittesvia Lawfare
Monday, December 7, 2015

Military Commissions Chief Prosecutor Mark Martins issued the following statement over the weekend in advance of this week's pre-trial hearings in the 9/11 case.

Featured

On The President’s Request For A Vote On An AUMF For ISIL

by Jack Goldsmithvia Lawfare
Monday, December 7, 2015

There were at least two points of note in President Obama’s call last night for Congress to “vote to authorize the continued use of military force against these terrorists.” First, the President did not mention his draft AUMF for ISIL, much less ask Congress to approve that draft.

Analysis and Commentary

E-Residency In Estonia, Part I: Wherein I Apply To Digitally Betray My Country

by Benjamin Wittesvia Lawfare
Friday, December 4, 2015

This week, I had the pleasure of hosting the third Hoover Book Soiree, which featured Edward Lucas of the Economist talking about his new book, Cyberphobia: Identity, Trust, Security, and the Internet.

Pages

Lawfare Blog

The Next Wave of Surveillance Reform

Monday, January 25, 2016 to Tuesday, January 26, 2016
Hoover Institution, Stanford University

The National Security, Technology, and Law Working Group at the Hoover Institution at Stanford University is hosting a symposium on “The Next Wave of Surveillance Reform,” taking place on January 25 and 26, 2016, at the Hoover Institution in Stanford, CA.

- By Invitation Only -

Event
In the News

How Our Dependence On The Internet Threatens Our Security

Wednesday, December 2, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion on the dangers present on the Internet and how we can do more to prevent cyber-attacks using the most successful defensive strategies.

Event

A Look at the current administration's war on terror

Tuesday, November 10, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion about the Obama Administration's strategy on The War on Terror.

Event

Understanding ISIS & its Dark Future

Wednesday, October 21, 2015
Hoover Institution, Washington DC

The Hoover Institution's National Security, Technology, and Law Working Group, along with Hoover's Washington, DC office, in partnership with Lawfare host a discussion on ISIS that will discuss the long, arching threat of ISIS, its religious fervor, strategic calculation, and doomsday prophecy which have shaped the Islamic State's past and foreshadows its dark future.

Event

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 and Benjamin Wittes are the cochairs of the National Security, Technology, and Law Working Group.