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In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, ho...
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It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS:
Second, I'm going to begin en...
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The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul...
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Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...
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Over the last year and a half, the intelligence community has released a significant amount of previously classified material in an effort to be more transparent regarding matters pertaining to foreign i...
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Michael Hirsh has a piece at Politico on the disorganized, uncoordinated crafting and implementation of the administration’s strategy to defeat the Islamic State. Of particular interest to Lawfare reade...
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President Obama is right.
He was right when he said, as a presidential candidate in 2007, that “The President does not have power under the Constitution to unilaterally authorize a military attack in a ...
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On Friday, the Director of National Intelligence (DNI) released an update on the implementation of Presidential Policy Directive/PPD-28, regarding signals intelligence activities.
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Offered without (or only a little) further comment: this piece from The Hill, and a rather eyebrow-raising quotation therein from House Intelligence Committee Chairman Mike Rogers regarding Edward Snowde...
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U.N.
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Last week I explained that a likely major reason for the Obama administration’s switch from an Article II rationale for air strikes against the Islamic State to an AUMF rationale (2001 and 2002) was comp...
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We have an essay in The New Republic titled Obama, Not Bush, Is the Master of Unilateral War. It argues that President Obama, ironically in light of his own lofty rhetoric about lodging war decisions wi...
