Readers likely recall that last week, documents from the In Re Directives litigation, regarding foreign intelligence surveillance directives issued to Yahoo!, were declassified. Chief among them: a new ...

The House Rules Committee has released an amendment to the Continuing Resolution (CR) that would authorize the Department of Defense to begin arming and training moderate Syrian rebels as identified by t...

Over the last several days, Administration officials have tried valiantly to explain the Administration’s surprising 11th hour discovery that the 2001 AUMF and indeed the 2002 AUMF provide a domestic law...

I always thought the 2002 AUMF was an obvious basis for air strikes against the Islamic State, easily in Iraq and possibly (given the right circumstances) in Syria.  Today Charlie Savage reports that “th...

In late August, I suggested several possible theories the Administration might invoke to argue that the use of force against ISIS in Syria is consistent with international law. In the wake of President O...

Secretary of State Kerry said yesterday: We're engaged in a major counterterrorism operation [against the Islamic State], and it's going to be a long-term counterterrorism operation.  I think war is the ...

The War Powers Resolution's strongest impact?

The Foreign Intelligence Court of Review ("FISCR") issued this order today. It concerns the FISC's 2008 opinion in In Re Directives, an appeal brought by Yahoo! and regarding directives for warrantless e...

That is the topic of my essay at Time.com in reaction to the announcement yesterday that the Obama administration believes the 2001 AUMF authorizes force against the Islamic State today.  The essay begin...