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New House Armed Services Detention Language
The House Armed Services Committee just released the Chairman's mark of the National Defense Authorization bill. I have not looked at it yet, but it apparently contains new language on detention and AUMF... -
Obama's Foreign Policy and the Imperial Presidency
Ross Douthat, a columnist for the New York Times, has an interesting op-ed today in which he notes that President Obama’s foreign policy is similar to that of President Bush’s but is subject to less of a... -
Benjamin Kleinerman on the Administration's Silence
Benjamin Kleinerman, author of The Discretionary President: The Promise and Peril of Executive Power (a truly excellent book, by the way, about which I have been meaning to post thoughts), wrote in over ... -
The Administration's Puzzling Failure to Explain the Legal Basis for Killing Bin Laden
Ken and Ben have noted the Administration's continuing and puzzling failure to explain the legal justifications for the killing of Bin Laden. As someone who was in the Situation Room on 9-11, I have sp... -
Reader Commentary on Koh and Public Argumentation
Michael Montgomery, an active duty Navy Judge Advocate commenting in his personal capacity, writes in the following thoughts regarding my post earlier today about Harold Koh's absence from the public deb... -
Ken Anderson on Harold Koh
Over at the Volokh Conspiracy, Lawfare book review editor Ken Anderson makes this point about State Department Legal Adviser Harold Koh's absence from the current public discussions of the legality of th... -
Text of Al Qaeda's Statement on Bin Laden's Death
CNN has posted the English text of the Al Qaeda statement on Osama Bin Laden's death. It's worth a read. The Arabic original is available here. -
Waxman on National Security Federalism, Bellinger and Padmanabhan on Detention and Challenges to the Geneva Framework
Matt Waxman (Columbia) has a terrific paper, National Security Federalism in the Age of Terror, forthcoming in Stanford Law Review. Here is the abstract: National security law scholarship tends to focus... -
Deeks Gets It Right on Pakistani Sovereignty and the UBL Operation
Ashley Deeks (formerly from State Department L (political-military affairs), currently a fellow at Columbia) has posted "Pakistan's Sovereignty and the Killing of Osama bin Laden." Ashley is as sharp as... -
Drone Strikes Resume In North Waziristan
I noted yesterday that the United States may have resumed using lethal force against AQAP targets in Yemen. Now, it appears, drone strikes seem also to have resumed in North Waziristan, in this case pos... -
Tipping Off Zawahiri
Why on earth would the chairman of the House Intelligence Committee say this? Other gleanings from the roughly 100 pieces of computer gear seized Sunday included possible leads on the whereabouts of othe... -
Meanwhile in Yemen...the Use of Lethal Force Against AQAP in Yemen Continues
With all the was-it-legal-to-kill-UBL talk, I'm a bit surprised that this morning's news out of Yemen is getting so little attention. Jeb Boone at the Washington Post reports that a missile struck a veh...
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