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The Week That Was: All of Lawfare in One Post
If U.S. involvement in Iraq increases, can discussion of the President’s war powers under Article II be far behind? Jack noted the politics at play in the lack of congressional authorization for the use ... -
An AUMF for ISIL At Last? Questions Raised by the Post's Account of the White House Debate
The Washington Post reports tonight that the White House is actively considering whether to go to Congress to seek an explicit authorization to use force against ISIL. -
DOJ Releases 2 New Documents Regarding NSA's Email Metadata Collection
There are two new NSA email metadata collection program documents on the DNI's Tumblr site, IContheRecord. From the site: Following a declassification review by the Executive Branch, the Department of ... -
The New York Times Equivocates on Ransoms
"There is no simple answer on whether to submit to terrorist extortion," editorializes the New York Times today. Actually, there is a right answer---and it's a relatively simple one. -
Today's Headlines and Commentary
NATO officials announced today that the Russian military has moved artillery units manned by Russian personnel inside Ukraine in recent days and is actively using them against Ukrainian forces, reports -
Fence-Sitting and War Powers Reforms
Mention of politics, war powers, and legislative authorization to use further force in Iraq, reminds me: whatever happened with the War Powers Consultation Act of 2014 (“WPCA”), put forth by Senators Kai... -
Why the President Should Seek Congressional Authorization for the Use of Force Against The Islamic State [UPDATE on War Powers Resolution]
A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL). But as the aims and scope of U.S. mi... -
GAO: Defense Department Violated Law In Bergdahl-GTMO Detainee Swap
So concludes this report from the Government Accountability Office, which apparently was written in response to a request by various Senators. The document opens: -
Government Protection of Classified Information, August 2014 [UPDATED]
From this morning’s NYT story on the Foley rescue operation: The officials revealed the mission in a conference call with reporters, in which they spoke on the condition of anonymity because of the class... -
Snowden Interview with James Bamford
Here's a lengthy interview with Edward Snowden by James Bamford in Wired. There's very little new in it---though some new details are in there about programs and activities that shocked Snowden while he ... -
Today's Headlines and Commentary
Yesterday, we shared news of a video published by the Islamic State, which depicted the brutal beheading of American journalist James Foley. The New York Times reports that the Islamic State had asked th... -
Amicus Briefs Filed in Support of Appellees in Klayman v. Obama
Yesterday two amicus briefs were filed on behalf of the appellees in Klayman v. Obama, the bulk metadata case up on appeal in the D.C. Circuit.
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