Latest in Congress
Published by The Lawfare Institute in Cooperation With 
-
Susan Rice Did Not Consult DOD When She Urged Repeal of 2002 AUMF That DOD (Correctly) Thought Was "Still Needed"
Michael Hirsh has a piece at Politico on the disorganized, uncoordinated crafting and implementation of the administration’s strategy to defeat the Islamic State. Of particular interest to Lawfare reade... -
President Obama Is Right
President Obama is right. He was right when he said, as a presidential candidate in 2007, that “The President does not have power under the Constitution to unilaterally authorize a military attack in a ... -
DNI Releases Update on PPD-28 Implementation
On Friday, the Director of National Intelligence (DNI) released an update on the implementation of Presidential Policy Directive/PPD-28, regarding signals intelligence activities. -
Charging Snowden With...Murder? Really?
Offered without (or only a little) further comment: this piece from The Hill, and a rather eyebrow-raising quotation therein from House Intelligence Committee Chairman Mike Rogers regarding Edward Snowde... -
Sweeping Claims and Casual Legal Analysis in the Latest U.N. Mass Surveillance Report
U.N. -
Obama Administration Explains Why It Thinks Islamic State Strikes Comply With War Powers Resolution
Last week I explained that a likely major reason for the Obama administration’s switch from an Article II rationale for air strikes against the Islamic State to an AUMF rationale (2001 and 2002) was comp... -
Obama’s Surprising War Powers Legacy
We have an essay in The New Republic titled Obama, Not Bush, Is the Master of Unilateral War. It argues that President Obama, ironically in light of his own lofty rhetoric about lodging war decisions wi... -
End of “Forever War” Watch, Columbus Day Weekend Edition
Last year President Obama called for the end of the 2001 AUMF conflict and wagged his finger at people who thought continued statutory authority was needed to meet the continuing and morphing Islamic ter... -
What Will U.S. Troops in Baghdad Do When Islamic State Militants Arrive?
There are several stories today about how Islamic State militants are threatening Baghdad. Some of the stories suggest that “an all-out assault on Baghdad” may be in the cards, while others say that the... -
Signing Statements, the Commander in Chief Power, and Guantanamo Closure
According to the Wall Street Journal, the President's people are "drafting options" to bring about Guantanamo's closure, an objective that would require the White House to get around a statutory restric... -
Unilateral Executive Action to Close Guantanamo? Bah!
The estimable Carol E. -
More on the War Powers Resolution and the Use of Force Against the Islamic State
This morning I argued that the Obama administration had violated the War Powers Resolution unless its is correct in its contention that the 2001 and 2002 AUMFs together authorize the use of force against...
Topics
