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President Obama Rejected DOJ and DOD Advice, and Sided with Harold Koh, on War Powers Resolution
Charlie Savage has the amazing story that President Obama “rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue America... -
Rick Pildes on WPR
Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to mak... -
Is the Administration Firing With More Than Drones in Libya?
My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S. -
WPR Compliance Hearing in the Senate Foreign Relations Committee?
Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili... -
Three More Thoughts on the Administration’s War Powers Resolution Argument
Three somewhat broader thoughts in addition to this morning’s analysis: 1. -
Will Congress Amend the WPR by Defining "Hostilities"?
I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen.... -
Richard Klingler on the WPR/Libya Debate
Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no... -
Problems with the Obama Administration’s War Powers Resolution Theory
In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments. Here is the a... -
White House Clarifies Position on Libya and the WPR: US Forces Not Engaged in "Hostilities"
Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio... -
Kucinich et al. v. Obama
Dennis Kucinich, Ron Paul, and eight other members of the House of Representatives have sued the President for injunctive and declaratory relief in connection with the President’s alleged violations of t... -
The Boehner Ultimatum Makes No Legal Sense
Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P... -
The Killing of Fazul Abdullah Mohammed and the Issue of Organizational Indeterminacy Under the AUMF
The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...
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