My hope for Power Wars is that people will still be using it many years from now as the definitive investigative history of post-9/11 policymaking in the Obama era. So I want it to be as clear and accurate as I can make it. To that end, I have made some adjustments in subsequent printings. First, […]
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Power Wars Documents: Violating the Notice Law for the Bergdahl Prisoner Exchange Deal
This is a set of documents related to the Obama administration’s disputed decision to transfer five higher-level Taliban detainees to Qatar as part of the prisoner exchange deal for Sgt. Bowe Bergdahl, who had been captured by the Taliban in 2009 after wandering off his outpost and was being held under horrific conditions. I discuss […]
Power Wars Document: Rice’s memo to Hagel on risk and transferring Guantanamo detainees
This document, whose full text has not previously been made public, is a three-page memo that Susan Rice, Obama’s national security adviser, sent to Chuck Hagel, then the secretary of defense, in May 2014. (The existence of this memo has been previously reported.) I discuss it in Chapter 10, Section 14: “Risk Aversion.” At the time, Hagel was […]
Power Wars Document: Office of Legal Counsel white paper on amendment barring prosecution of the 9/11 case in civilian court
This previously undisclosed document is a five-page summary of an unsigned, unofficial “white paper” developed by the Justice Department’s Office of Legal Counsel. It was written in January 2010 by David Barron, then the acting head of the office and now a federal appeals court judge. I discuss it in Chapter 7, Section 2: “Democrats Get to […]
Power Wars Document: Lindsey Graham’s grand bargain proposal over Guantanamo
This previously undisclosed document is a proposal Senator Lindsey Graham, Republican of South Carolina, developed in 2009. It was a starting point for what became lengthy but unsuccessful negotiations with the Obama White House over a grand bargain on detainee policies. (The existence of those negotiations has been reported.) I discuss it in Chapter 4, Section […]
The first review of Power Wars, and my response
The New York Times has published the first review of Power Wars. They commissioned James Mann, a non-NYT staffer and the author of Rise of the Vulcans and The Obamians, to write it to avoid the appearance of a conflict of interest. Mann’s review is generally very positive, and he engages thoughtfully with some of […]
Derived from Power Wars: How 4 Federal Lawyers Paved the Way to Kill Bin Laden
Read it here in the New York Times.
Obama’s evolution on security vs. individual rights in two quotes
We are six days out from the publication of “Power Wars,” an investigative history of the Obama administration’s national-security legal policymaking. It goes behind the scenes to explore the space between these two Obama quotes in its epigraph:
Upstream Internet Surveillance Confusion
A Federal District Court judge today threw out the ACLU-led challenge to the NSA’s warrantless upstream surveillance of one-end-foreign Internet communications under the FISA Amendments Act, ruling that the plaintiffs, including Wikimedia Foundation, had not established standing. The case touched on an article that I wrote in August 2013, early in the post-Snowden leak era, […]