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I am troubled that the two proposals for a new AUMF posted by my Lawfare colleagues (Jack, Bobby, Ben, and Matt) and by a group at Just Security -- while constructive -- would both repeal the 2001 AUMF. ...
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From all of us here at Lawfare: a note of profound gratitude for the sacrifices made by our veterans and their families.
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I am a little perplexed by Steve's response to my critique of the AUMF principles he helped write. Steve accuses me of "hiding the ball." But he seems to me, rather, to be moving the goalposts.
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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 ...
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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...
