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Ben's Sweeping Endorsement of the <em>Just Security</em> AUMF Principles
In his post this morning, Ben identifies what he calls "flaws" with three of the six principles for a use-of-force authorization for ISIL that were introduced yesterday by a group of legal experts (that ... -
Why Three of the Six <em>Just Security</em> AUMF Principles are Flawed
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... -
Why A Substantively Neutral But Procedurally Constraining AUMF Makes Sense
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... -
Appellees File Supplemental Brief in Klayman v. Obama
A few days after oral argument before a three-judge panel of the D.C. -
Your Weekly Reminder to Contribute to Lawfare
Editor's Note: For those of you who have already contributed to Lawfare in response to my appeals, many thanks from all of us. -
ODNI Releases FISC Primary Order Pertaining to Telephony Metadata
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... -
Final Version, <em>A Rule of Lenity for National Security Surveillance Law</em>
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:... -
A Draft AUMF to Get the Discussion Going
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... -
Court Denies Preliminary Injunction in GTMO Force-Feeding Case
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... -
ICYMI: Coverage of Last Week's Hearing in Al-Nashiri
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... -
11/6 Session: Fighting Over MRIs & Hearsay
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... -
11/5 Session #4: Statements, Transcripts, and Questionnaires
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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