Latest in Congress
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Senators Jeff Flake and Tim Kaine Introduce New AUMF
Senator Jeff Flake (R-AZ) and Senator Tim Kaine (D-VA) have introduced a new Authorization for the Use of Military Force against ISIS, al Qaeda, and the Taliban. -
PATCH: Debating Codification of the VEP
Today a bipartisan group of lawmakers introduced in both the House and Senate a bill that would formalize the Vulnerability Equities Process (VEP) into law. The proposed legislation, the Protecting our A... -
FBI Director James Comey Dismissed
President Trump has dismissed FBI Director James Comey. The press statement of the White House, along with letters from President Trump, Attorney General Sessions, and Deputy Attorney General Rod Rosenst... -
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Just over a month ago, the Administration launched missile strikes against the Assad regime in Syria. The strikes followed a brutal chemical attack that killed scores of innocent civilians. We are all di... -
The President's Power (Not) to Nominate Officers? Paralyzing an Agency Through Attrition
There are many tools available to a president who seeks to scale back the scope and authority of an administrative agency. He can push to cut the agency's budget. He can embrace legal theories and liti... -
Close Enough: The Quiet Conclusion of the Combat-Equipped Deployment to Uganda
A few weeks ago, AFRICOM quietly brought to an end a five-year-old combat-equipped deployment that for a time had raised some very interesting War Powers Resolution questions. -
Toward Transparency of Legal Position and Process and a White House Obligation to Disclose
A White House’s responsibility to explain the legal basis for military actions such as the Syria missile strikes is dangerously undefined. This is not a problem unique to the Trump Administration. Nor do... -
President Trump's War Powers Report on the Syria Attacks
With six hours to spare before the 48-hour deadline in section 4 of the War Powers Resolution, the White House has sent the President's report to Congress on Thursday evening's missile attacks on Syria. ... -
An Addendum on the Constitutionality of Presidential War Powers
With one exception, I agree with Jack’s post on the OLC perspective on the constitutionality of President Trump’s Syria strike. Jack writes about Trump's strike: -
The Constitutionality of the Syria Strike Through the Eyes of OLC (and the Obama Administration)
“The opinions of judges, no less than executives and publicists, often suffer the infirmity of confusing the issue of a power's validity with the cause it is invoked to promote, of confounding the perman... -
What Was the Legal Basis for the U.S. Air Strikes Against Syria?
The United States has just launched a missile attack against Syrian air bases, apparently in response to the Assad regime’s use of chemical weapons against Syrian civilians. -
Capitol Hill’s Love-Hate Relationship with FISA
You can always tell when it’s time to reauthorize a portion of the Foreign Intelligence Surveillance Act (FISA) because Congress starts wringing its hands about some aspect of the law. FISA is a law that...
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