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We Are Experiencing Technical Difficulties
No, Lawfare is not attending a costume party today disguised as The Economist. Our sudden lack of bylines on the home page is a technical problem that has arisen in the course of some exciting upgrades w... -
Veto Threat Whiplash
I confess that I'm a bit bewildered by the aggressiveness of the Statement of Administration Policy on the NDAA--about which Bobby just posted. As Bobby notes, the administration seems to be threatening ... -
White House Threatens Veto on the Defense Authorization Act, Citing Detention and AUMF Related Provisions
Very interesting. The six-page Statement of Administration Policyrelating to HR 1540, the proposed National Defense Authorization Act for FY 2012, is here. There are many objections, requests, and veto... -
Title 50 as a Sufficient Domestic Law Predicate for Certain Uses of Force
I join Ben in welcoming Marty Lederman back to blogging. His initial post--parsing both international and domestic legal issues relating to the UBL operation--is typically thorough and insightful (not t... -
Welcome Back, Marty Lederman
I awoke this morning to excellent news: Marty Lederman, with this post over at Balkinization and this post at SCOTUSblog, has returned to the blogosphere. Marty, for those Lawfare readers who do not kno... -
President Obama's Letter to Congress Regarding Libya (and the War Powers Resolution)
On Friday, the New York Times published the text of President Obama's letter to Congress, regarding the use of force in Libya. (Over at Opinio Juris, Peter Spiro has posted a discussion of the letter'... -
Cert. Denied in Khadr v. Obama (Concerning Deference to the Executive on GTMO Transfer Decisions Implicating a Risk of Torture)
Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v. -
State Secrets and Today's Supreme Court Decision in General Dynamics Corp. v. United States
The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v. -
Speechless
I had somehow missed until this morning that Harpers Magazine had won a National Magazine Award for this Scott Horton story from 2010 about suicides at Guantanamo Bay--a story that spuriously suggests th... -
Is There Any Law in the Law of War Powers?
There is much discussion today about the apparent decision of the Obama Administration to ignore the provision in the War Powers Resolution that requires that the President either terminate the use of mi... -
New Attorney-Client-like Confidentiality in DRBs in Afghanistan
Josh Gerstein of the Politico is reporting a fascinating development in the rules of the Detainee Review Boards at Bagram: The Obama Administration has taken a step to have official representatives for U... -
Miami Herald on Guantanamo Death and Mental Illness
Carol Rosenberg of the Miami Herald has this very interesting story about the death that occurred at Guantanamo the other day. There seems to be a much greater dispute about who this detainee really was ...
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