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Narrowing Down the U.S. International Legal Theory for ISIS Strikes in Syria
In late August, I suggested several possible theories the Administration might invoke to argue that the use of force against ISIS in Syria is consistent with international law. In the wake of President O... -
We are (or Will Soon Be) at War With the Islamic State
Secretary of State Kerry said yesterday: We're engaged in a major counterterrorism operation [against the Islamic State], and it's going to be a long-term counterterrorism operation. I think war is the ... -
Further Reflections on the Legal Rationale For Using Force Against the Islamic State
The War Powers Resolution's strongest impact? -
In Re Directives Documents Released
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The Legal Justifications For Domestic Surveillance: A Summary
Late last week, the Department of Justice released two memos authored by Lawfare's own Jack Goldsmith back when he was the head of the Office of Legal Counsel ("OLC") in the Bush Administration. The memo... -
Deteriorating U.S.-Russian Relations and Treaty Compliance
Proceeding in lockstep with a general chill in relations brought about by the Ukraine crisis, the United States and the Russian Federation are currently at odds over compliance with international arms tr... -
FISCR: Stay Tuned for Declassified Version of 2008 Directives Opinion
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... -
Today's Headlines and Commentary
“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. -
Reorganizing Congress -- A 9/11 Perspective
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 ... -
President Obama’s Astonishing War Powers Legacy
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... -
ISIL as al Qaeda: Three Reactions
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... -
The 2001 AUMF: From Associated Forces to (Disassociated) Successor Forces
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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