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...

It looks like the Obama Administration is planning to deploy some form of U.S.

Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007.  The question and answers are worth considering in full.  Savage asked: In what circu...

Anthony Arend (Georgetown) has the text of UNSCR 1973, which among other things authorizes a no-fly zone for Libya (and possibly more, though it explicitly does not authorize any "occupation" forces).  H...

The following is my best attempt to summarize some of the arguments made at this morning's oral argument in United States v. Al Bahlul. This argument--audio for which is here--stood in considerable contr...

The U.N.

In anticipation of the growing likelihood of some form of U.S.

The audio from today's oral arguments at the CMCR is available here (for the Hamdan argument) and here (for the al-Bahlul argument). Be forewarned that these are hefty files (if I recall correctly, aroun...

As promised yesterday, I’m posting a short overview of the arguments in the government’s briefs to the en banc CMCR in al-Bahlul and Hamdan (click here for an earlier post doing the same for the appellan...