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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 ...
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Former Attorney General Michael Mukasey has penned this letter to House Armed Services Chairman Buck McKeon on the latter's proposed AUMF rewrite.
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Adam Serwer responds to my post of last night:
I think any objective evaluation of the facts has to conclude that U.S. military operations against al Qaeda outside of Afghanistan and Pakistan represent "...
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Concerning the Law of the Sea, John Bellinger III writes today over at the Shadow Government blog:
Of all the treaties currently pending before the Senate, the Law of the Sea Convention offers the most e...
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For those who were confused by Bobby and my duplicative posts on Harold Koh's statement, well, so was I when I realized just now that he had posted 15 minutes before I did. Generally speaking, Lawfare's ...
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Over at Opinio Juris, State Department Legal Adviser Harold Koh has posted a brief statement on "The Lawfulness of the U.S. Operation Against Osama bin Laden." The key passage reads:
Given bin Laden’s u...
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Over at Opinio Juris, State Department Legal Advisor Harold Koh has issued an official statement regarding the legality of the UBL operation. No surprises here.
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U.S. Southern Command has announced another death at Guantamamo:
NEWS RELEASE: Detainee death at Guantanamo Bay
Posted On: May 18 2011 7:07PM
By U.S.
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No sooner had I finished my last post than I came across this elegant little argument from Adam Serwer:
I think Wittes is right that the original AUMF contained no . . . temporal or geographic constraints.
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