Author: Charlie Savage

“It’s not like the lawyers couldn’t have come up with a theory”: The Obama legal team and the lawfulness of attacking Assad

Several prominent law professors who were formerly members of the Obama national security legal team are debating the “dissent memo” signed by 51 mid-level career State Department diplomats about the administration’s current policy toward Syria. The diplomats think the United States should carry out airstrikes against the forces of Syrian President Bashar Assad, not just […]

Will Florida’s sunshine law thwart the federal government’s censorship of the Orlando nightclub shooter’s 911 call?

UPDATE: FBI/DOJ reverses course, releases uncensored version of 1st Orlando shooter 911 call (what about the others?) pic.twitter.com/WudWiLR9V3 — Charlie Savage (@charlie_savage) June 20, 2016   The Federal Bureau of Investigation has released a partially censored transcript of Orlando nightclub shooter Omar Mateen’s 911 call in which he pledged allegiance to the Islamic State and […]

“The Imperial Presidency?” ACS Panel Discussion on Executive Power

C-Span has now made available the video of last weekend’s panel discussion on executive power at the American Constitutional Society for Law and Policy annual convention, which I moderated. The all-star panel included Walter Dellinger, Marty Lederman, Sai Prakash, Neomi Rao, and Hina Shamsi. Here is the description from ACS: The Imperial Presidency? President George W. Bush […]

Senate Intelligence Committee Wants to Give DNI Veto Power Over Gitmo Transfers

The text of the Senate Intelligence Committee’s version of the 2017 intelligence authorization bill has finally been made public. The panel is chaired by Senator Richard Burr, Republican of North Carolina. The bill has been getting some attention because, as first reported by Jenna McLaughlin of The Intercept, it has a provision that would expand (or, depending […]

Mitt Romney may be #nevertrump, but “Romney for President Inc.” wishes Donald Trump a happy birthday

This doesn’t have anything directly to do with national security (or does it?), but this is such a marker of the incoherence of the 2016 presidential race that I can’t resist sharing it. A friend just passed on the below e-mail, which the National Republican Senatorial Committee sent out today to the mailing list of “Romney for President, Inc.” […]

Seven Ways Donald Verrilli Shaped Obama-era National Security Legal Policy

Don Verrilli is stepping down after five years as the Solicitor General. News accounts of his departure, like this one by my colleague Eric Lichtblau, are understandably focusing on the big domestic law cases he argued before the Supreme Court – particularly the ones on Obamacare and same-sex marriage rights. But Verrilli’s impact on governance […]

General Hayden’s World

Several months ago, as The New York Review of Books was preparing to publish its review of Power Wars, I received a letter from its editor, Robert Silvers, asking whether I would like to write a review essay about Playing to the Edge by Michael Hayden, the former head of the NSA and the CIA. […]

Carter and Dunford grovel a bit re female guards at Gitmo and military commissions independence

Here’s a 4 p.m. before Memorial Day Weekend news dump item. The background is here. (Don’t hold your breath waiting for any similar from Senator Ayotte though!) Statement by Secretary of Defense Ash Carter and Chairman of the Joint Chiefs of Staff General Joseph F. Dunford Jr. on Gender-Neutral Staffing of Guard Forces at JTF-GTMO Military […]

Ted Cruz and Senate GOP want to expand the Gitmo transfer ban — including to Afghanistan and Israel, but exempting Saudi Arabia

The newly unveiled Senate Armed Services Committee version of the National Defense Authorization Act has a provision that would wildly expand the number of countries to which the U.S. government may not transfer low-level Guantanamo detainees. Specifically, it would ban transfers to any nation for which the State Department has issued a travel warning. Senator Ted Cruz, […]

Senate Armed Services Committee unveils their NDAA, including detention provisions

One of the undemocratic – or at least, untransparent – things about how Congress shapes American national security law is that the armed services and intelligence oversight committees craft their annual authorization bills behind closed doors, sending them to the floor as a fait accompli. (Another is that these bills contain extensive classified annexes, as Dakota […]