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Net Neutrality Explained
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The Administration's New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers
The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds. -
One or Two Other Statutes the President Likely Disregarded in The Bergdahl Deal [UPDATED]
Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute... -
The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl
Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def... -
Sgt. Bowe Bergdahl Freed in Exchange for Transfer of Five GTMO Detainees
Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo: WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod... -
Is the Administration Planning to Engage Congress on the AUMF in Late 2014?
One of the nice things about major presidential speeches is that they often are occasions during which reporters separately get to grill unnamed "senior administration officials" for clarification. So i... -
The Uncertain Future of Military Detention Authority as "Combat Operations" in Afghanistan End
Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan. Assuming that the winner of the Afghan presidential election will i... -
Senator Corker on AUMF Reform
Senator Corker has an op-ed in the WP on the need to update the AUMF. He documents the growth of extra-AUMF terrorist threats and then argues: These incidents seem to suggest that the September 2001 Au... -
Raha Wala Responds on AUMF Debate
Raha Wala of Human Rights First writes in with some reactions to my posts last week on the AUMF hearings, to which I respond briefly at the end. Jack’s posts on the Senate Foreign Relations Committee (SF... -
Agreeing with Harold Koh on the Need For and Contours of a New AUMF
I find myself mostly agreeing with the essentials of Harold Koh’s testimony and post on "ending" the Forever War, especially his proposal for a new and narrowed AUMF. I hope this doesn’t cause my old te... -
Article II in the Spotlight at Wednesday's AUMF Hearing before SFRC
Wednesday’s AUMF hearing underscored a point that I develop at some length in my paper Postwar: repeal of the AUMF would not require, as a legal matter, that the government forgo the use of lethal force ... -
More on the Administration's AUMF Strategy
A friend who is familiar with Obama administration thinking responds to my post on yesterday’s AUMF hearing: The administration’s focus is not on ending the war, but on ensuring that future presidents do...
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