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I have received two interesting responses to my post from last night suggesting tweaks to the AUMF reauthorization language.
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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 ...
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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-...
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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...
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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...
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...to a disordered universe. Our bylines have returned.
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The number of violent acts committed in Iraq by insurgents, terrorists, and militias over the past eight years in Iraq boggles the mind.
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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...
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No, Lawfare is not attending a costume party today disguised as The Economist. Our sudden lack of bylines on the home page is a technical problem that has arisen in the course of some exciting upgrades w...
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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 ...
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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...
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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...
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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...
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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'...
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Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v.
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The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v.
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I had somehow missed until this morning that Harpers Magazine had won a National Magazine Award for this Scott Horton story from 2010 about suicides at Guantanamo Bay--a story that spuriously suggests th...
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There is much discussion today about the apparent decision of the Obama Administration to ignore the provision in the War Powers Resolution that requires that the President either terminate the use of mi...
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Josh Gerstein of the Politico is reporting a fascinating development in the rules of the Detainee Review Boards at Bagram:
The Obama Administration has taken a step to have official representatives for U...
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Carol Rosenberg of the Miami Herald has this very interesting story about the death that occurred at Guantanamo the other day. There seems to be a much greater dispute about who this detainee really was ...