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In response to some of my commentary on President Obama's speech, the estimable Alex Remington tweeted at me the following South Park clip---which seems, uh, relevant to a president who wishes to present...
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As I noted yesterday, I have an essay at CFR on the President's speech. I don’t write the headlines or the summaries of my pieces, and I was surprised and dismayed when someone at CFR summarized my piec...
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The main topic on Lawfare this week was the President's address at the National Defense University on counterterrorism policy.
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Ryan Goodman and Sarah Knuckey maintain that the new targeting framework announced by the President “raises some troubling questions and leaves important older questions completely unanswered.” Their li...
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This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a...
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Here it is. Filed with the brief were two appendices, the first of which is here.
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Ben Emmerson, UN Special Rapporteur on Human Rights and Counterterrorism---who Ben and I interviewed for a special edition of the Lawfare Podcast---issued the following statement on President Obama's spe...
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Along with President Obama's speech yesterday on counterterrorism policy, the White House released a document titled Fact Sheet: U.S. Policy Standards and Procedures for the Use of Force in Counterterror...
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As Wells reported this morning, the D.C. Circuit has affirmed the habeas denial in Al Warafi. Mukhtar Yahia Naji Al Warafi unsuccessfully argued that even if he was a member of the Taliban, he was entitl...
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Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy a...
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My reactions to the President’s speech can be found in this essay at the CFR page. The headline writers gave it the title of Obama Passes the Buck: The President's Empty Rhetoric on Counterterrorism. T...
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Coverage of President Obama’s speech yesterday is plentiful: Here are Peter Baker of the New York Times, Karen DeYoung and Greg Miller of the Washington Post, and Mark Mazzetti of the Times with an
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In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement concluded ...
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Judge David Sentelle wrote today's majority opinion in this long-running habeas case, in which Mukhtar Yahia Naji Al Warafi had claimed (among other things) that even if he was a Taliban member, he serve...
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There are a number of areas in the president's speech yesterday in which Obama publicly aligns himself with critics of his administration, while promising in hard terms very little. As I described yester...
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The President's speech was a dog's breakfast: some good parts, some bad parts, and some ugly parts.
The Good. The most significant part of the speech was the President's description of clearer standar...
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Perhaps the most puzzling and opaque aspect of President Obama's speech today involves the question of whether he did, or didn't, narrow the criteria for targeting in drone strikes.
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President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President'...
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One week ago, a senior Pentagon official went before the Senate Armed Services Committee, along with the Pentagon's top lawyers, and declared that the armed conflict with Al Qaeda and its associated forc...
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In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue.
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