The administration just issued a Statement of Administration Policy on a DHS appropriations bill (H.R. 2017), which contains a spending restriction similar to one of the Guantanamo transfer restrictions ...

DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks.  From DOD's press release:                 T...

The Supreme Court has reversed the Ninth Circuit in al-Kidd v.

One further thought about the D.C. Circuit's Al Madhwani opinion--along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opini...

Earlier today I noted a couple of scenarios in which the US government might want detention authority yet face obstacles in relying on the original AUMF should we have withdrawn in the interim from Afgha...

For the record, the Buchanan Amendment is a bad idea, and I hope that it dies in conference.  In addition to being constitutionally vulnerable in at least some applications (Milligan anyone?), and hamhan...

Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject. First, if it was not c...

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...