Anthony Clark Arend

Over at Lawfare, Wittes presents a very good case for revision:
Currently, the relevant statutory language [of the Espionage Act] , 18 U.S.C. 793(e), reads,
Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information …

From the Department of Justice website:

December 9, 2010
The Honorable Harry Reid
Majority Leader
United States Senate
Washington, DC  20510
The Honorable Mitch McConnell
Minority Leader
United States Senate
Washington, DC  20510
Dear Senators Reid and McConnell:
I write in opposition to Section 1116 of the proposed 2011 Full-Year Continuing Appropriations Act, which would prohibit the use of any funds to transfer detainees from the detention facility in …

Over at SCOTUSBlog, Lyle Denniston has an excellent primer on eight detainee cases seeking review by the Supreme Court. Denniston writes:
For two and a half years, first the Bush Administration and then the Obama Administration, with only small differences in their approaches, have steadily and energetically sought to keep for the Executive Branch most of the control …

The New York Times is reporting:
A federal judge has thrown out a lawsuit aimed at preventing the United States from targeting U.S.-born anti-American cleric Anwar al-Awlaki for death.U.S. District Judge John Bates said in a written opinion Tuesday that al-Awlaki’s father does not have the authority to sue on his son’s behalf. But he says the case raises …

Louis Henkin was one of the greatest international legal scholars of his generation. Professor Henkin passed away on Thursday, October 14th at the age of 92.  His obituary in the New York Times chronicles his remarkable life and his contributions to both the practice and theory of international and constitutional law:
Louis Henkin, a legal scholar often credited with creating the …

Former Assistant Attorney General, Jack Goldsmith, has an op ed in yesterday’s New York Times suggesting how the United States should deal with captured terror suspects. His bottom-line answer: detention without trial. Goldsmith writes:
THE Obama administration wants to show that federal courts can handle trials of Guantánamo Bay detainees, and had therefore placed high hopes in the prosecution of Ahmed …

My Georgetown University Law Center colleague, Professor Laura K. Donohue, has an outstanding op ed in today’s Washington Post on the use of the State Secrets privilege to shield private companies. She writes:
In a 6-to-5 vote last month, the U.S. Court of Appeals for the 9th Circuit dismissed a lawsuit against a company accused of helping the CIA carry out …