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Senior Fellow, Governance Studies
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He focuses on legal issues surrounding the war on terrorism and national security, judicial nominations and confirmations, and the federal courts. | View Full Bio
Featured Opinion
February 26, 2013, Sarah A. Binder
Refine by: Terrorism | Law and Security | Law and Justice | Guantánamo
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May 1, 2013 | comments
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April 20, 2013 | comments
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Testimony | House Committee on the Judiciary
February 27, 2013
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February 5, 2013
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January 25, 2013
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January 4, 2013
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December 18, 2012
In the News
If it's lawful, ethical and moral to use force, then it's lawful, ethical and moral to use drones. December 1, 2012, Benjamin Wittes, New Zealand Herald
If it's lawful, ethical and moral to use force, then it's lawful, ethical and moral to use drones.
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Benjamin Wittes
@attackerman oh, I should have known. Whenever I am truly truly confused, there is a pop culture reference lurking somewhere! #hopeless
May 18
@attackerman Huh?
The Way of the Kris: Part 1 via @lawfareblog http://t.co/eZ3xYUthBo
@bmaz Why? He seems to me the candidate who has stared down a prez of his own party during a crisis. Isn't that the independence we want?
@bmaz I actually much prefer--and endorse--the Kris for AG idea. I think the ideal FBI Director is J Comey, and the 2 together formidable.
The Way of the (David) Kris, starting today on @lawfareblog. A must-read for anyone interested in surveillance law. http://t.co/ASnQr3Me5J
Opening Law and the Long War for the first time in a long time--to retract one of its policy recommendation with @BobbyChesney.
May 17
@Longtabsigo @Aelkus Nope.
.@brooks_rosa begins yesterday's 2d SASC panel by describing admin testimony in the first as incoherent, creating "target rich environment."
I'm not sure what's incoherent about it: Admin interprets #AUMF so capaciously that it sees no need for further legislation.
Taylor says looking hard at Syria but can't say right now whether AUMF applies to the Al Nusra Front.
In response to questioning from Graham, admin witnesses say that pres has the power to put boots on ground in Yemen and Congo.
Sheehan says the war against AQ will be going on for the next 10-20 years.
Taylor says in response to McCain that #AUMF authorizes force against associated forces in Mali, Libya and Syria.
Taylor notes that LOAC is more permissive than policy on signature strikes. LOAC does not require, but admin tries to target leadership.
Taylor: Decision of what group are associated forces is a lawyer judgment decided in the interagency. It has never gone to the president.
Sen. Levin asks what happens to detainees when #AUMF lapses. Taylor: there was some "mop up" authority after WWII to hold for a few years.
How long to end of conflict, asks Sen. Levin? At least many years, says Sheehan.
Asst. Secy Sheehan commits to Sen. Levin to give him the list of groups the US considers cobelligerent with AQ--and notify when it changes.
Robert Taylor, acting DOD GC, says he thinks existing law is adequate for the current threat.
Lawfare Blog - an online discussion devoted to hard national security choices
"If it's lawful, ethical and moral to use force, then it's lawful, ethical and moral to use drones."
Source: New Zealand Herald
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