The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama--a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and b...

Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor throu...

The debate regarding AUMF renewal via section 1034 of the NDAA FY12 is about much more than detention authority, but of course it does impact detention authority in various ways.  As to that issue, Debor...

As Raffaela notes below, the NDAA FY12 passed the House yesterday with the AUMF provision, section 1034, intact.  The action now moves on the Senate, and beyond that we have the prospect of negotiations ...

According to Der Spiegel Online, Germany is withholding intelligence from the United States out of concern over the legality of such cooperation in circumstances that might result in a drone strike killi...

The House has passed the National Defense Authorization Act, in a 322-96 vote. Ninety-five Democrats voted with Republicans to pass the bill, while six Republicans voted against final passage. Rep. Just...

I have received two interesting responses to my post from last night suggesting tweaks to the AUMF reauthorization language.

I'm in the midst of grading exams for my National Security Law class, and keep finding myself thinking that I should have assigned the draft AUMF language in the NDAA FY12 bill as the basis for an essay ...

Politico has two pieces today of interest to Lawfare readers. The first is a lengthy Josh Gerstein & Charles Hoskinson analysis of this week's debate in the House on revising the AUMF. The second, an op-...

Last Thursday the Washington Post editorial page opined that President Obama should either seek congressional authorization for the military actions in Libya, or “should inform Congress and the public ab...

Ever since my exchange with Daphne Eviatar and Bobby's post last night, I have been wondering if there's an easy tweak to Rep. Buck McKeon's AUMF reaffirmation language. Specifically, could Rep. McKeon m...

The number of violent acts committed in Iraq by insurgents, terrorists, and militias over the past eight years in Iraq boggles the mind.

Further to this post on the President's letter to Congress (and its significance in light of the War Powers Resolution, or "WPR"), here are two recent and quite post-worthy developments regarding militar...

I confess that I'm a bit bewildered by the aggressiveness of the Statement of Administration Policy on the NDAA--about which Bobby just posted. As Bobby notes, the administration seems to be threatening ...

Very interesting.  The six-page Statement of Administration Policyrelating to HR 1540, the proposed National Defense Authorization Act for FY 2012, is here.  There are many objections, requests, and veto...

I join Ben in welcoming Marty Lederman back to blogging.  His initial post--parsing both international and domestic legal issues relating to the UBL operation--is typically thorough and insightful (not t...

I awoke this morning to excellent news: Marty Lederman, with this post over at Balkinization and this post at SCOTUSblog, has returned to the blogosphere. Marty, for those Lawfare readers who do not kno...

On Friday, the New York Times published the text of President Obama's letter to Congress, regarding the use of force in Libya.    (Over at Opinio Juris, Peter Spiro has posted a discussion of the letter'...