National Security Law

For anyone following the situation in Georgia and US/ Russian relations, there was a very interesting statement and Q&A today from Secretary of State Rice, who is in Brussels for meetings at NATO. Among other things, she announced the creation of a new NATO-Georgia cooperative framework and also discussed the concerns about isolating Russia. Among other topics, she also answered questions about...

I've missed Eric Muller's blogging at Is That Legal? -- but he has obviously put his free time to good use, because his new article on the Supreme Court's decision in Hirabayashi v. United States is sensational.  Here is the abstract: This Article presents newly discovered archival evidence demonstrating that government lawyers told a crucial lie to the United States Supreme...

John McCain on Guantanamo Bay, during a question-and-answer session with Walter Isaacson: it may be one of the nicest places in the world to live in. Hyperbole or not, shouldn't comments like that disqualify someone from being president? ADDENDUM: This is a pretty good one, too, concerning Russia's invasion of Georgia: My friends, we have reached a crisis, the first probably serious crisis internationally...

Following is a statement that Secretary of State Rice made today in Tbilisi regarding the sirtuation in Georgia, the cease-fire agreement, and next steps. I have also included an excerpt from her Q&A with reporters and highlighted throughout a few parts that I thought were particularly interesting. SECRETARY RICE: Thank you, Mr. President.  Mr. President, as President Bush noted in his statement a couple...

Last October, Col. Morris Davis resigned as chief prosecutor of the military commissions, claiming that Brig. Gen. Thomas Hartmann had interfered with the prosecutor's office, pressured him to use classified evidence -- requiring sessions to be conducted behind closed doors -- and encouraged the use of evidence obtained through waterboarding.  Col. Davis filed a formal complaint at the time, but...

My thanks to Chris for posting on the Georgian conflict as it has unfolded.  I've been watching, unsure what exactly to say about policy.  I'm still unsure.  I mean, it's easy to agree with both the Obama and McCain campaign reactions (I paraphrase) ...

Salim Hamdan has been sentenced to 66 months in prison, far short of the 30 years-to-life sentence the prosecution requested.  Good news for Hamdan? Probably not, as Colonel Morris Davis -- the third chief prosecutor of the military commissions, who resigned because of political interference by the Pentagon -- pointed out in the comments to my ex post facto post: The...

Greg Fox of Wayne State University Law School has posted a new article on SSRN that examines the proposed US/Iraq Status of Forces Agreement (SoFA) from a unique angle. Discussions in U.S. academic journals and blogs have tended to focus on the constitutionality under U.S. law of the Administration pursuing the completion of a long-term security arrangement with Iraq under...