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Libya - Advice to Congress
In the last few days several smart people have disagreed with my argument in favor of the constitutionality of the Libya intervention. This is a perennial debate that arises every time the President thr... -
The Circuit Split in the Surveillance Cases
The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v. -
Interrogation, Miranda, and Invocations of the Rights to Silence and to Counsel: The FBI Guidance in Context
A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating. There is a tendency in this debate to conflate rules of evid... -
Two New CRS Reports on War
Courtesy of the invaluable Secrecy News: No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress Declarations of War and Authorizations for the Use of Military Force: Historical Bac... -
Wall Street Journal on New Miranda Rules
Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni... -
The Legal Reason Why the Obama Administration Won’t Call the Libya Action “War”
Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan... -
Appellee Brief Available in Khan v. Obama
Yesterday the public version of the government's response brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, became available. In this case, petitio... -
Washington Post on Graham Habeas Bill
The Washington Post has an interesting editorial today largely in support of Senator Lindsey Graham's new habeas bill. Like me, the Post expresses sympathy for Graham's basic project, and objects to the ... -
Final Report on Independent Amerithrax Review
As Scott Shane reported in today's New York Times, the panel of independent psychiatric experts who reviewed the behavioral health history of Dr. Bruce E. Ivins--the person believed to be responsible for... -
Is the Libyan Intervention “War”?
Charlie Savage reports that the Obama administration’s “legal team appears to be distinguishing between a full war and a more limited military operation, on the theory that the Libyan intervention falls ... -
Letter From the President to Congress re Libya Operations
Today President Obama sent this letter to Congress, “as part of [his] efforts to keep the Congress fully informed, consistent with the War Powers Resolution,” about the recent operations in Libya. After... -
Why the President’s Campaign in Libya is Constitutional
I make the case, mostly drawing on arguments previously made on this blog, in Slate. I also make the obvious point that just because it is lawful does not mean it is a good idea.
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