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By coincidence, the same day that Jack, Bobby, Matt and I released our draft AUMF text, a group associated with Just Security released a document entitled "Principles to Guide Congressional Authorization...
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A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and...
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A few days after oral argument before a three-judge panel of the D.C.
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Editor's Note: For those of you who have already contributed to Lawfare in response to my appeals, many thanks from all of us.
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On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website.
The Primary Order, issued b...
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The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:...
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President Obama said last week that he wants an AUMF for the ISIL conflict, and he further stated that he wants to “right-size and update whatever authorization Congress provides to suit the current figh...
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On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa'el Dhiab's bid for a preliminary injunction against certain Guantanamo force-feedin...
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ICYMI, GTMO policy folks: Matt Danzer's final round of digests on last week's hearing in United States v. Al-Nashiri can be found below, and in our "Events Coverage" section. (Earlier coverage of the he...
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Thursday's session opens with an update on AE 284, the defense motion seeking Skype calls for Al-Nashiri, from prosecution attorney Col. Robert Moscati. The prosecution has learned that the Guantanamo ad...
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The final session for the day begins with AE 314C, a defense motion to compel testimony at the hearing on a defense motion to suppress statements made by Al-Nashiri. Capt.
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The United States carried out a series of airstrikes against the Islamic State in Syria this weekend.
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On Wednesday morning at 10 a.m.
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Published by Knopf (2014)
Reviewed by Peter Baker
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Event Announcements (More details on the Events Calendar)
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Editor’s Note: Under President Xi Jinping, China appears more aggressive and dictatorial: a worrisome combination as China’s wealth makes it more influential and helps it build a stronger military.
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Last month, Jack gave a talk at the Hoover Institution on President Obama's war powers legacy. It's a remarkable address: hard-hitting, clear, and sure to discomfort Obama's defenders on war powers issue...
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Orin Kerr provided audio of this week’s oral arguments in Klayman v. Obama. Wells later contributed a recap of the arguments in the case.
Paul noted how curious it was that according to current law enfo...
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Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices. The short summary is tha...
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The parties return for the afternoon session and Judge Spath begins by laying out his thinking on the previous motion seeking supervised telephone and Skype calls between Al-Nashiri and his family. In th...
