Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v.

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...

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...

Former Attorney General Michael Mukasey has penned this letter to House Armed Services Chairman Buck McKeon on the latter's proposed AUMF rewrite.

Adam Serwer responds to my post of last night: I think any objective evaluation of the facts has to conclude that U.S. military operations against al Qaeda outside of Afghanistan and Pakistan represent "...

Over at Opinio Juris, State Department Legal Adviser Harold Koh has posted a brief statement on "The Lawfulness of the U.S. Operation Against Osama bin Laden." The key passage reads: Given bin Laden’s u...

Over at Opinio Juris, State Department Legal Advisor Harold Koh has issued an official statement regarding the legality of the UBL operation. No surprises here.

No sooner had I finished my last post than I came across this elegant little argument from Adam Serwer: I think Wittes is right that the original AUMF contained no . . . temporal or geographic constraints.

I have a fair bit to say in response to Daphne Eviatar's comments from earlier today concerning my post about yesterday's New York Times editorial. Let me start with a brief comment about Daphne's compla...

In yesterday's Washington Post, Professors Bruce Ackerman and Oona Hathaway editorialized about the "Death of the War Powers Act." Their piece is provocative, in part because it suggests that the execut...

Daphne Eviatar of Human Rights First sent in the following in response to my post from yesterday contrasting the New York Times editorial and the Washington Post editorial on Buck McKeon's AUMF proposal.

Anyone who wants to understand in a nutshell the difference between the New York Times editorial board and the Washington Post editorial board on counter-terrorism issues--and, actually, on a broader arr...