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The Chambliss Interrogation Bill
This is the final installment in my series of posts on the post-Executive Order spree of legislation emerging from Capitol Hill. It concerns the interrogation bill introduced by Sen. -
Second Circuit Reverses in Amnesty Int'l v. Clapper, Paving Way for Merits Ruling on Constitutionality of FISA Section 702
* Amnesty International, et al. v. Clapper, et al. (2d Cir. Mar. -
Interesting New Book Alert
I arrived in the office this morning to find a copy in my mailbox of Garrett Graff's new book, The Threat Matrix: The FBI at War in the Age of Global Terror. Graff is the editor of Washingtonian magazine... -
Presidential War Unilateralism and the Role of a Government Lawyer: The Case of Harold Koh
The U.S. -
Thoughts on Thursday's HASC Hearing
I have now had the chance to go over a transcript of Thursday's House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary Will... -
DOJ Releases Redacted Version of 2004 Surveillance Opinion
This afternoon, in connection with FOIA litigation by the ACLU, the Department of Justice released this May 2004 memorandum that I wrote as head of the Office of Legal Counsel about a certain surveillanc... -
Summary of CMCR Hamdan Oral Argument
Yesterday I noted that I'd summarize the United States v. Hamdan oral argument in the Court of Military Commission Review separately from Al Bahlul. I'll note the same caveats with respect to this summar... -
Adam Serwer on Yesterday's HASC Hearing
Adam Serwer has a very thoughtful piece on yesterday's House Armed Services Committee hearing, which I could not attend. Like me, Adam has come to the conclusion that there is quite a bit of common groun... -
The Libya UNSCR Helps the President’s Domestic Constitutional Arguments
It looks like the Obama Administration is planning to deploy some form of U.S. -
Constitutional Interpretation Depends on Where You Sit and When You Act
Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007. The question and answers are worth considering in full. Savage asked: In what circu... -
The Surprisingly Broad Scope of UN Security Council 1973: Not Just a No-Fly Zone, at Least So Long as Gaddafi Is On Offense
Anthony Arend (Georgetown) has the text of UNSCR 1973, which among other things authorizes a no-fly zone for Libya (and possibly more, though it explicitly does not authorize any "occupation" forces). H... -
Summary of CMCR Al Bahlul Argument
The following is my best attempt to summarize some of the arguments made at this morning's oral argument in United States v. Al Bahlul. This argument--audio for which is here--stood in considerable contr...
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