National Security Law

Fascinating inside baseball piece on the Obama Administration's internal debate over war on terrorism policy. It features a struggle between the State Department (Harold Koh) and the Defense Department (Jeh Johnson) with the OLC (David Barron) playing referee. The rift has been most pronounced between top lawyers in the State Department and the Pentagon, though it has also involved conflicts among career...

The full text of U.S. State Department Legal Adviser Harold Koh's speech at ASIL can be found here.  Ken has already praised it, Kevin (along with Marko Milanovic) have rejected it, and others are staying neutral or reserving judgment. Here is what I took away from the speech:  The Obama Administration has now embraced the Bush Administration's position that the U.S....

I love Glenn Greenwald.  He catches Obama in a remarkable -- and shameless -- act of hypocrisy.  Obama on why America can't investigate the systematic human-rights abuses that were ordered at the highest levels of its government: I'm a strong believer that it's important to look forward and not backwards. And Obama on why Indonesia must investigate the systematic human-rights abuses...

The excitement over the AQ7 ad put out by Liz Cheney's organization has died down, but Ben Wittes has this piece up in The New Republic extending the letter that he drafted, and to which I earlier linked, signed by a group of conservative and centrist folks criticizing it.  I was one of the signers, and wound up sticking up by own very lengthy comment about it over at Volokh.  I didn't link here at the time, as I thought the tone a little waspish for OJ, but with Ben's article in TNR, I'll change my mind and link to it (it's long and the title is "No Righteous Gentile Award, Please"). I suppose the key point for Ben and me, in somewhat different ways, is that we have each received much praise from folks on the left for defending Obama lawyers such as Neal Katyal or Jen Daskal.  No one objects to praise, or at least I don't, but much of it was a little misplaced.  The praise tended to be as though, in order to defend the Obama lawyers, we had somehow changed our minds about the Bush lawyers.  Whereas, for Ben and for me, each in somewhat different ways, the issue was the same.  We defended Katyal and Daskal because we had defended the Bush lawyers and thought the same principle applied.  I also followed up with an response to conservatives such as Andy McCarthy who attacked the Wittes letter; it too was fairly waspish in tone.  What with health care reform, and lots of other things on the agenda, the discussion is moving on, but it has been an important one, and at least among conservatives, a clarifying one. From the opening of Ben Wittes's essay:

Today's Financial Times has a story on how unhappy U.S. businesses have become about Chinese government restrictions interfering with their access to Chinese markets.  So, one can understand how U.S. exporters would welcome news that the United States and China are getting closer to including a Bilateral Investment Treaty (BIT).  And, let's be clear, this would be the mother-of-all BITs, given...

The general consensus among comments to my post last week on the previously-unacknowledged U.S.-Japanese security agreements was "no big deal."  These pacts reinforce an already well-developed practice of states doing deals--whether legally binding or political commitments--without U.N. registration or public disclosure.  Similarly, they reinforce existing views of Executive authority to conclude sole-executive agreements on defense-related matters for the United States.  So, if everyone's OK with such...

Yesterday, the Japanese Government (now led by the Democratic Party after nearly five-plus decades of rule by the Liberal Democratic Party) confirmed that in the 1960s Japan and the United States entered into a series of secret defense pacts.  Specifically, a committee of scholars has identified various tacit agreements allowing U.S. warships to carry nuclear weapons into Japanese ports, granting unrestricted use of...

As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the benefit of United States nationals,...