Main Justice reports that Pat Leahy and DOJ’s Inspector General Glenn Fine have been chatting about further IG review of the FBI’s use of the several PATRIOT provisions that were contentious issues in last years attempt to reauthorize the PATRIOT Act. This means that Fine is going to do what the legislation would have mandated–conduct [...]

Remember how Dawn Johnsen’s nomination to head OLC languished and then died as Obama claimed–falsely–not to have the votes? Obama pointedly didn’t use a recess appointment to put his incredibly qualified candidate in the post. Not so for James Clapper, whom Obama is preparing to recess appoint to head Director of National Intelligence rather than [...]

Greetings from the United States Federal Courthouse for the Northern District of California where Marcy Wheeler, Teddy Partridge and I spent Wednesday covering closing arguments in Perry et al. v. Schwarzenegger et al. It was quite a day and, despite the solemn nature of court proceedings, a monumental and electric day. To be honest, the [...]

[About 20 minutes w/ Cooper and then Olson's rebuttal] Walker: Mr. Cooper, carry on. Cooper: Appreciate Court’s indulgence. Walker: Well, that’s a good idea. Cooper: want to take up CA SC’s ruling on the marriages. This is something on which I agreed with Mr. Olson. I don’t believe that that would make a difference, I [...]

Cooper: NY Court of Appeals ruled in 2006, until very recently, only marriage between two sexes. MA “changed def of marriage as inherited from common law.” CA: From beginning of statehood, marriage between man and women. Why has marriage been defined as exclusively opposite sex. Makes marriage fundamental to very existence of human race. Court [...]

Therese Stewart: The fact that legislation costs govt money is not sufficient to make law unconstitutional. Court decision on public schools. Considered toll on children, but also role of education, basic tools. Serious harm that Prop 8 imposes on gay men and lesbians, their children, and cities. Support case that Prop 8 was born of [...]

Teddy and I are in the ceremonial court room to watch the Prop 8 Trial. bmaz is making friends down in the actual court room. Teddy’s doing a full liveblog over there where the wireless signal is strong. Until he needs a break, I’m just going to write some impressions and transcribe bmaz’s comments (he’s [...]

Jeff Stein notes that the Defense Intelligence Agency has plans to set up a new records center for its counterintelligence operation. The Defense Intelligence Agency wants to open a new repository for information about individuals and groups in what appears to be a successor to a controversial counterintelligence program that was disbanded in 2008. The [...]

Frankly, I’m willing to cut James Risen some slack. So much so that when Monday’s !Afghanistan is Rich! story appeared, I didn’t post my first instincts: that the story felt more like a planted David Sanger or William Broad story (or, for old time’s sake, Judy) than a James Risen story. But in response to [...]

The FAA has been asked to issue flying rights for drones to carry out military and civilian law-enforcement functions in the US. How long before they hit one of our precious wedding celebrations right here in the homeland of the good old “real America”?