In the last few days several smart people have disagreed with my argument in favor of the constitutionality of the Libya intervention.  This is a perennial debate that arises every time the President thr...

The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v.

A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating. There is a tendency in this debate to conflate rules of evid...

Courtesy of the invaluable Secrecy News: No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress Declarations of War and Authorizations for the Use of Military Force: Historical Bac...

Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...

Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan...

The Washington Post has an interesting editorial today largely in support of Senator Lindsey Graham's new habeas bill. Like me, the Post expresses sympathy for Graham's basic project, and objects to the ...

As Scott Shane reported in today's New York Times, the panel of independent psychiatric experts who reviewed the behavioral health history of Dr. Bruce E. Ivins--the person believed to be responsible for...

Charlie Savage reports that the Obama administration’s “legal team appears to be distinguishing between a full war and a more limited military operation, on the theory that the Libyan intervention falls ...

Today President Obama sent this letter to Congress, “as part of [his] efforts to keep the Congress fully informed, consistent with the War Powers Resolution,” about the recent operations in Libya.  After...

I make the case, mostly drawing on arguments previously made on this blog, in Slate.  I also make the obvious point that just because it is lawful does not mean it is a good idea.

This is the final installment in my series of posts on the post-Executive Order spree of legislation emerging from Capitol Hill. It concerns the interrogation bill introduced by Sen.

* Amnesty International, et al. v. Clapper, et al. (2d Cir. Mar.

I arrived in the office this morning to find a copy in my mailbox of Garrett Graff's new book, The Threat Matrix: The FBI at War in the Age of Global Terror. Graff is the editor of Washingtonian magazine...

The U.S.

I have now had the chance to go over a transcript of Thursday's House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary Will...

Yesterday I noted that I'd summarize the United States v. Hamdan oral argument in the Court of Military Commission Review separately from Al Bahlul. I'll note the same caveats with respect to this summar...

Adam Serwer has a very thoughtful piece on yesterday's House Armed Services Committee hearing, which I could not attend. Like me, Adam has come to the conclusion that there is quite a bit of common groun...