President Obama is in a legal and political pickle concerning his unilateral intervention in Libya.  The mission is much harder than he anticipated, and it has taken much longer (months, not days) than h...

I just got a look at a bootlegged copy of the Senate Armed Services Committee language on detainee matters. The following is a quick and dirty summary--which proceeds in the order the provisions appear i...

The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers. In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the distri...

Charlie Savage reports this morning:  “Since the United States handed control of the air war in Libya to NATO in early April, American warplanes have struck at Libyan air defenses about 60 times, and rem...

I've written a relatively brief primer on the application of the War Powers Resolution "clock" to Operation Unified Protector (i.e., the war in Libya), and have posted it at Brookings.  After detailed co...

Published by New York University Press Reviewed by Benjamin Wittes

The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012.

The president set aside the views of Defense Department and Justice Department lawyers on a critical War Powers Resolution question regarding U.S. operations in Libya.

The Washington Post and NPR report that the 13-year old case against Osama bin Laden has been dismissed. The Post says that: The government filing lists bin Laden's alleged crimes, and then states: "On...

I noted recently that federal prosecutors have indicted a pair of men in Kentucky in connection with the insurgency in Iraq, noting that the situation might raise questions regarding the extent to which ...

While everyone has been focused on Libya war powers over the last few days, the DC Circuit issued an interesting opinion on Tuesday in an Alien Tort Statute suit (Ali Shafi v.

Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to mak...

My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S.

Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili...

Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...