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The New York Times today surveys the current and prospective uses of drones in warfare.
Plans are in the works for the House to vote on limiting funding for U.S.
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Lawfare's new book review section is now live. Reviews will appear as a regular posts, but the most recent reviews will also show up listed on the side bar. A page with all of the reviews can be found by...
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Published by New York University Press
Reviewed by Benjamin Wittes
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The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012.
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Lawfare is currently undergoing some technical upgrades to enable our new book review section. The section, as you will see on the sidebar, now exists, but it is empty. That will change as soon as we iro...
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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.
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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...
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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 ...
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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.
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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...
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My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S.
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The Washington Post is covering the continuing story on Adel al-Gazzar, the former Guantanamo detainee who returned to Egypt and was promptly arrested.
The State Department has added a second former Gua...
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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...
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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...
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Three somewhat broader thoughts in addition to this morning’s analysis:
1.
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Al Qaeda has announced a successor to Osama bin Laden: Ayman al-Zawahiri will be its new leader. The New York Times covers the story here, while The Washington Post's coverage is available here.
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I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen....
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Yesterday I noted that a series of recent news articles suggest that only the CIA can lawfully conduct strikes without the host-state's consent, and that this is one reason (in addition to various policy...
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Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no...
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In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments.
Here is the a...
