I chuckled to myself when I read Steven Aftergood’s post on our efforts to instill rule of law in Afghanistan. Not that I don’t support the goal, mind you. But I question whether the United States is in a position anymore to be teaching others about rule of law. Consider this quote from the DOD [...]

Back during the FISA Amendment Act, Jay Rockefeller tried hard to prevent DOJ’s Inspector General, Glenn Fine, to have any role in overseeing the revamped domestic surveillance program. I always assumed that was because Fine, unlike the other Inspectors General (except perhaps John Helgerson, whom Michael Hayden had thoroughly neutralized by that point anyway) was [...]

We’ve discussed US negotiations with Europe over the SWIFT database at length here. Basically, after the Lisbon Treaty went into effect last year, the EU Parliament balked at giving Americans free run of the SWIFT database. The EU and US put an interim agreement in place. Which the EU Parliament then overturned in February. The [...]

When the appeal in Perry v. Scwarzenegger was initially lodged, I put forth the possibility that the panel assigned to hear the full merits appeal in December might be the earlier panel of Judges Wardlaw, Fisher and Berzon, which had heard substantive interlocutory appeals from the trial portion of the case when it was in [...]

Let’s look at the following two examples of men arrested in the last week to see how the federal crime “Use of a Weapon of Mass Destruction” is used. Mohamed Osman Mohamud: Mohamud was arrested Friday on charges of “attempting to use a weapon of mass destruction” for trying to detonate what he believed to [...]

Here’s the NYT overview. Here’s one interesting detail: Clashes with Europe over human rights: American officials sharply warned Germany in 2007 not to enforce arrest warrants for Central Intelligence Agency officers involved in a bungled operation in which an innocent German citizen with the same name as a suspected militant was mistakenly kidnapped and held [...]

John Bellinger has been publicly suggesting the Obama Administration had exceeded the terms of the AUMF for some time. So it is unsurprising that he took the opportunity of a Republican House, the incoming Armed Services Chair’s explicit support for a new AUMF, and the Ghailani verdict to more fully develop his argument in an [...]

Skdadl, who has been tweeting up a storm on the upcoming WikiLeaks dump, noted that the British government has issued D-notices regarding the upcoming dump, which is basically a non-binding request on editors to brief the government before doing a story. The news came to light in two Tweets from WikiLeaks one of which said, [...]

The next WikiLeaks dump is about to reveal to the world what the United States really thinks of the world leaders it pretends to like and the degree to which it overlooks corruption among friends (it sounds like the reports will include confirmation that Hamid Karzai is corrupt, among other things). Knowing that it’s coming [...]

I wasn’t going to write a post debunking this Nation article on the opposition to gate grope. Sure, it was a specious hit on John Tyner, the “Don’t touch my junk” dude. But I figured as soon as anyone read this passage: Tyner attended private Christian schools in Southern California and lives in Oceanside, a [...]