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A review of Edward Snowden's 2011 background check reveals that it was, according to the Wall Street Journal's Brent Kendall and Dion Nissenbaum, "so inadequate that too few people were interviewed and p...
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Many thanks to everyone who expressed concern, offered assistance, and donated funds to help us resolve our recent technical problems. I'm pleased---and very relieved---to announce that as of yesterday, ...
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No, I'm not talking about the Syrian Electronic Army's likely take down of the New York Times website yesterday -- though that is probably what you were thinking and also probably the only one you've rea...
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I have a pretty broad view of presidential power to use military force abroad without congressional authorization. On that view, which is close to the past views of the Office of Legal Counsel, the plan...
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For anyone interested, I’ve posted to SSRN my draft article, forthcoming in the Yale Law Journal, titled “The Constitutional Power to Threaten War.” I’m pasting below the introduction, and I plan to pos...
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Jack's and Ashley’s analyses have covered the waterfront, so far as concerns the Kosovo precedent’s meaning (legal, moral and so forth) for a possible Syria intervention.
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At the top of our agenda today: reaction to Secretary of State John Kerry’s remarks yesterday putting the world on notice the that the U.S. believes the Assad regime has deployed chemical weapons on its ...
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George Friedman of Stratfor has an essay entitled Obama’s Bluff that has what I think is the best analysis of the problems the USG faces if Syria has crossed the President's red line. The whole thing is...
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As the United States apparently prepares to intervene militarily in Syria, it is perhaps worth noting that, in his less-than-coherent confirmation hearings, Secretary of State Kerry said: “I think a U.N....
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The potential use of military force in Syria and its past use in Kosovo -- despite the likely "illegality" under international law and the U.N. Charter -- raise important general questions about the mode...
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Let's begin with the alleged chemical weapons attack east of Damascus last week that prompted a slew of calls for an investigation from the international community---even from Syria's stalwart ally, Russ...
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As at least some form of minimal military intervention in Syria now looks likely, it is worth reading carefully the letter that Chairman of the Joint Chiefs of Staff General Martin Dempsey sent last Mond...
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Our series on the NSA documents now being complete, I thought I would collect all of the posts together in one place. Here are the documents themselves.
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I agree with everything Ashley says about Kosovo’s value as a non-legal precedent, and why the USG might invoke Kosovo if it intervenes in Syria – better to be able to say that a similar intervention occ...
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The final document in the cache declassified by the Office of the Director of National Intelligence (ODNI) on Wednesday is the ninth joint compliance assessment conducted by the ODNI and the Department o...
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Jack’s post makes the point that the Kosovo precedent won’t get the U.S. government very far if it is looking for a solid international legal precedent for intervention in Syria. That seems absolutely r...
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President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen...
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What with the declassified NSA documents and the 9/11 commission hearings, it's been a busy week. Oh, and there was that whole site host-problem, thanks to Bluehost.
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As the pressure to intervene in Syria builds, the administration once again, as in Libya, appears more focused on international law than domestic law. Here is what the President said Thursday night in a...
