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Is the Administration Firing With More Than Drones in Libya?
My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S. -
Today's Headlines and Commentary
The Washington Post is covering the continuing story on Adel al-Gazzar, the former Guantanamo detainee who returned to Egypt and was promptly arrested. The State Department has added a second former Gua... -
WPR Compliance Hearing in the Senate Foreign Relations Committee?
Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili... -
More on Wikileaked Docs in Habeas Cases
Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester... -
Three More Thoughts on the Administration’s War Powers Resolution Argument
Three somewhat broader thoughts in addition to this morning’s analysis: 1. -
Today's Headlines and Commentary
Al Qaeda has announced a successor to Osama bin Laden: Ayman al-Zawahiri will be its new leader. The New York Times covers the story here, while The Washington Post's coverage is available here. -
Will Congress Amend the WPR by Defining "Hostilities"?
I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen.... -
JSOC Operations Without Host State Consent: A Possible Explanation for the Claimed Legal Prohibition?
Yesterday I noted that a series of recent news articles suggest that only the CIA can lawfully conduct strikes without the host-state's consent, and that this is one reason (in addition to various policy... -
Richard Klingler on the WPR/Libya Debate
Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no... -
Problems with the Obama Administration’s War Powers Resolution Theory
In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments. Here is the a... -
What Law Would Preclude DOD, But Not CIA, From Carrying Out Strikes in Yemen Without Yemen's Consent?
A series of articles over the past few days have discussed plans for the CIA to operate armed drones in Yemen, where U.S. armed forces already have been using lethal force against AQAP targets (cruise mi... -
White House Clarifies Position on Libya and the WPR: US Forces Not Engaged in "Hostilities"
Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio...
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