It looks like the Obama Administration is planning to deploy some form of U.S.

Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007.  The question and answers are worth considering in full.  Savage asked: In what circu...

The U.N.

In anticipation of the growing likelihood of some form of U.S.

In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b...

In my initial post on the White House statement regarding Article 75 of Additional Protocol I, I said I assumed that the statement means that the Administration intends to apply Article 75, as a matter o...

I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se...

There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S.

Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators.

Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization.  Thei...

House Armed Services Chairman Buck McKeon lost no time in introducing legislation in response to the President’s Executive Order yesterday. Here is a quick and dirty analysis. A word of disclosure is in...

House Armed Services Committee Chairman Buck McKeon announced today that he is introducing legislation "to address the Administration’s Executive Order and America’s terrorist prosecution and detention p...