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The Foreign Intelligence Court of Review ("FISCR") issued this order today. It concerns the FISC's 2008 opinion in In Re Directives, an appeal brought by Yahoo! and regarding directives for warrantless e...
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“If you threaten America, you will find no safe haven,” President Obama said last night in a highly anticipated statement outlining his strategy to “destroy” ISIS militants.
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On this day of remembrance, the three prior Secretaries of the Department of Homeland Security have issued a joint letter calling on Congress to reorganize itself and streamline oversight of DHS. I can ...
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That is the topic of my essay at Time.com in reaction to the announcement yesterday that the Obama administration believes the 2001 AUMF authorizes force against the Islamic State today. The essay begin...
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Like Bobby, Wells, and Ben, I, too, was surprised to discover that the Obama Administration's legal theory (for the moment) appears to be that the Islamic State of Iraq and the Levant (ISIL) can be targe...
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Like my colleagues Ben and Wells, I'm astonished to learn this evening that the Obama administration, having previously justified 140+ airstrikes against IS in Iraq on Article II grounds alone (at least ...
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What Ben said.
I certainly can see why the executive branch would want to adopt a reading as aggressive as this one: it nips some War Powers Resolution questions in the bud, and helps to make it more l...
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Here's President Obama coyly not asking Congress to dance---that is, as I put it in my post earlier today, "signal[ing] that [he] would like to dance with Congress—saying [he] will consult with her, that...
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Watch it here live:
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Loyal Lawfarers: next Monday, September 15th at 2:00 pm, Brookings will host an event titled "The Future of Civilian Robotics." Ben will host a conversation between Wells, John Villasenor, and Gregory Mc...
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The UN Report blog has posted a draft of the United States resolution to the UN Security Council on foreign terrorist fighters (FTFs) that was teased in yesterday a Reuters story.
We'll have an analysis...
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Interested in the legal and policy architecture relating to the high seas interdiction of ships possibly bearing WMD material? Me too! The Proliferation Security Initiative, was a somewhat hot topic abou...
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Tonight, in an address to the nation at 9 PM EST, President Obama will outline his strategy to confront the Islamic State. The New York Times quotes senior administration officials, who say the President...
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The event is scheduled begin at 1:00 PM Eastern time.
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The boy and the girl are clearly smitten with one another. They both want to dance; he badly wants to ask her, and she wants to be asked. But neither is sure exactly what the other wants. He's not sure s...
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U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...
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That's the title of an hour-long panel discussion which will be held at noon on September 25, and hosted by the Heritage Foundation's Cully Stimson. He'll be joined by Dechert's Steve Bradbury, and our...
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Kevin Heller and I have been debating whether the CIA drone strike targeting Anwar al-Aulaqi violated 18 USC 1119, which makes it a felony to kill American citizens overseas (to be clear, our exchange ha...
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According to this story in the Post, an unidentified administration official--maybe the President, maybe not--has raised the possibility that the plans for a ramped-up campaign against IS will not need f...
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While Congressional leadership may be hesitant to take up a vote authorizing the president to use military force in Iraq and/or Syria against ISIS in the coming weeks, we've seen several different author...
