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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...
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A series of articles over the past few days have discussed plans for the CIA to operate armed drones in Yemen, where U.S. armed forces already have been using lethal force against AQAP targets (cruise mi...
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Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio...
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At this hour, I am participating in a briefing for the House Armed Service Subcommittee on Oversight and Investigations concerning transfers of Guantanamo detainees to Yemen. Brookings has posted my writ...
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Dennis Kucinich, Ron Paul, and eight other members of the House of Representatives have sued the President for injunctive and declaratory relief in connection with the President’s alleged violations of t...
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The New York Times and The Washington Post report that Pakistan's top intelligence agency has arrested five CIA informants involved with the raid on the bin Laden compound. These arrests seem to signify ...
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Jose Padilla and his mother have appealed the dismissal of their civil case against a raft of current and former Defense Department officials.
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The appellant's reply brief is now available for Suleiman v. Obama. Petitioner Abdulrahman Suleiman challenges Judge Reggie Walton’s July 2010 decision denying him the writ of habeas corpus.
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Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P...
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