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6/16 Session #3: The Defense and Special Government Counsel on FBI Investigations of ... The Defense
James Connell III, Learned Counsel for Ammar Al-Baluchi, begins on a procedural note: the defense’s motion is less about wrongdoing, and more about the path forward. The court must perform an inquiry, th... -
6/16 Session #2: The Defense on FBI Investigations of ... The Defense
It’s on again. After brief housekeeping, we quickly turn to the substance---and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the gove... -
6/16 Session #1: Meet the DOJ Lawyers
Our special session convenes. The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused. But, and consistent with the unique n... -
Statement From the Chief Prosecutor on This Week's Hearing in the 9/11 Case
You'll find it here. We'll cover the two-day mini-hearing, which will commence tomorrow at 0900 down at Guantanamo. The statement opens: Good evening and Happy Father’s Day. I refer to Father’s Day wit... -
The Relatively Weak Article II Basis for Bombing Iraq and Syria (and, Remember the President’s August 31, 2013 Speech?)
I explained yesterday why I believe the administration has a straightforward argument for relying on the 2002 Iraq AUMF if it chooses to use force against ISIS in Iraq. (Bobby and Wells disagree, and th... -
Air Strikes and ISIS: A Quick Review of the Article II, 2001 AUMF, and 2002 AUMF Arguments
Today President Obama ruled out sending ground forces back into Iraq, but he pointedly did not rule out the direct use of U.S. air power in kinetic operations against ISIS. The President explained that h... -
Congressional Intent, the 2002 AUMF, and ISIS
Jack's reading of the 2002 AUMF is more than plausible. And I wouldn't be surprised if the executive branch adopted that reading, in searching out a statutory basis for military action against ISIS. -
The 2002 Iraq AUMF Almost Certainly Authorizes the President to Use Force Today in Iraq (and Might Authorize the Use of Force in Syria) [UPDATED]
Following up on a parenthetical near the end of my last post, the 2002 Iraq AUMF states in part: “The President is authorized to use the Armed Forces of the United States as he determines to be necessar... -
The Unreality of “Ending the War”
The march of ISIS across Iraq (and in Syria), and the Obama administration’s scramble to react to it, and the new round of drone strikes in Pakistan, and continuing and growing Islamist terrorist threats... -
Two Legal Takeaways from Yesterday’s HASC Hearing
Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful. At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t... -
Readings: Can Non-State Actors Mount an Armed Attack? by Kimberly N. Trapp
Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the "international community" (or at least an influential and... -
Readings: The Diffusion of Drone Warfare: Industrial, Infrastructural and Organizational Constraints by Andrea Gilli and Mauro Gilli
Political science graduate students Andrea Gilli (European Union Institute, Florence) and Mauro Gilli (Northwestern University, Evanston) have posted a new and provocative paper to SSRN--"The Diffusion o...
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