Steve has responded to my post on Harold Koh’s sudden discovery of inviolable commander in chief powers.

From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa...

From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...

Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of...

Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit.  As the...

From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...

Yesterday, I noted the DoD report which, for the first time, reflected a determination by the US government that a number of cyber intrusions were "attributable directly to the Chinese government and mil...

Hmmmm. From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi...

Charlie Savage reported in the NYT today that the Obama administration “is on the verge of backing a Federal Bureau of Investigation plan for a sweeping overhaul of surveillance laws that would make it e...

Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...