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A Response to Steve Vladeck on the AUMF Principles
I am a little perplexed by Steve's response to my critique of the AUMF principles he helped write. Steve accuses me of "hiding the ball." But he seems to me, rather, to be moving the goalposts. -
Ben's Sweeping Endorsement of the <em>Just Security</em> AUMF Principles
In his post this morning, Ben identifies what he calls "flaws" with three of the six principles for a use-of-force authorization for ISIL that were introduced yesterday by a group of legal experts (that ... -
Why Three of the Six <em>Just Security</em> AUMF Principles are Flawed
By coincidence, the same day that Jack, Bobby, Matt and I released our draft AUMF text, a group associated with Just Security released a document entitled "Principles to Guide Congressional Authorization... -
Why A Substantively Neutral But Procedurally Constraining AUMF Makes Sense
A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and... -
Final Version, <em>A Rule of Lenity for National Security Surveillance Law</em>
The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:... -
A Draft AUMF to Get the Discussion Going
President Obama said last week that he wants an AUMF for the ISIL conflict, and he further stated that he wants to “right-size and update whatever authorization Congress provides to suit the current figh... -
Event at Wilson Center on Islamic State AUMF and Related Issues
On Wednesday morning at 10 a.m. -
The Complexities in an Islamic State AUMF
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... -
Obama Declares Intent to Seek an ISIS AUMF...Will the 2001 AUMF Be Amended Along the Way?
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... -
So What Does the New Republican Majority Mean for National Security Issues In Congress?
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... -
Recap of Yesterday's Argument in the Section 215 Case
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... -
Toward a Different Kind of Transparency
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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