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The terrifying new role of technology in a world at war
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the ...
"This is a book for everyone who has developed an unexpected nostalgia for political 'norms' during the Trump years . . . Other books on the Trump White House expertly detail the mayhem inside; this book builds on those works to detail its consequences." —Carlos Lozada (one of twelve books to read "to understand what's going on") "Perhaps the most penetrating book to have been written about Trump in office." —Lawrence Douglas, The Times Literary Supplement The definitive account of how Donald Trump has wielded the powers of the American presidency The extraordinary authority of the U.S. presidency has no parallel in the democratic world. Today that authority resides in the hands of one m...
When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
"Explores the challenges to constitutional values posed by sweeping technological changes such as social networks, brain scans, and genetic selection and suggests ways of preserving rights, including privacy, free speech, and dignity in the age of Facebook and Google"--
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
Washington Post editorial writer Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years up to the present-including the recent confirmation of Justices Roberts and Alito. Drawing on years of reporting on judicial nominations, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.
This book documents and explains the differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering.
In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, an...
An explosive memoir about the creation and implementation of the controversial Enhanced Interrogation Techniques by the former Chief Operations Officer for the CIA's Counterterrorism Center.