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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... -
U.S. Intervention in Libya Will Likely Take Place Without Congressional Authorization [Updated]
The U.N. -
Democrat Views of Unilateral Presidential War Power During Bush Years
In anticipation of the growing likelihood of some form of U.S. -
Comment OR Vote!
I am pleased to announce the launching of the Comment OR Vote! campaign, which I consider to be the most important work I have ever done. Readers of this blog know how we feel about the scourge of Intern... -
Audio From This Morning's Arguments at the CMCR in Hamdan and al-Bahlul
The audio from today's oral arguments at the CMCR is available here (for the Hamdan argument) and here (for the al-Bahlul argument). Be forewarned that these are hefty files (if I recall correctly, aroun...
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