Latest in Congress
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The Administration Has Violated the War Powers Resolution Unless It is Right About the Applicability of the AUMFs to the Islamic State
On Monday, Senator Cruz maintained that the War Powers Resolution (WPR) clock had expired because 60 days had passed since the first air strikes against the Islamic State, which the President notified Co... -
History Suggests That Congress Will Only Authorize Force Against the Islamic State If the President Proposes and Pushes For an Authorization (or Screws Up Unilateral Force Badly)
President Obama says he would “welcome congressional support” but does not need authorization from Congress in order to use force against the Islamic State. The President appears to have taken no steps ... -
Confusing the Issues in <em>al Bahlul</em>
For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C. -
The Significance of Harold Koh's Legal Defense of the Administration's Interpretation of the 2001 AUMF
Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important. It adds little new to other defenses of the Pre... -
Why Article III Matters: A Reply to Peter Margulies on <em>al Bahlul</em>
I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C. -
Why it Might Matter Whether the Islamic State Was AUMF-able Last Year
In February, Karen DeYoung and Greg Miller wrote a story in the WP about how Al-Qaeda’s then-recent expulsion of the Islamic State of Iraq and Syria (ISIS, now Islamic State, or IS) raised questions abou... -
A Standoff of Agreement Over an ISIS AUMF
You know that the political system has reached a moment of special paralysis when a standoff emerges out of agreement. Yet that is what appears to be happening with respect to the politics of authorizing... -
A Less Generous Take on Greenwald's Latest
Jack is very generous to Glenn Greenwald in his post earlier today, in which he notes areas where he agrees with what he terms Greenwald's "skeptical takedown of the factual basis for the attacks on the ... -
Islamic State Reconciling with Jabhat al-Nusra, and Strengthening President’s 2001 AUMF Argument
The Guardian reports that USG bombing of Jabhat al-Nusra, the al Qaeda group (or AQ-affiliated group) in Syria that has been at odds with the Islamic State for a year or so: Air strikes continued to targ... -
Heritage Event on "The Legal Basis for Military Action against ISIS"
Featuring Cully Stimson, Bobby Chesney, Steve Vladeck, and Steve Bradbury. Here's the video: -
Who Should Replace Eric Holder? David Kris
The biggest surprise I’ve had in this job is how much time the national-security issues take. Those are the primary things that I have to deal with in a post-9/11 world. From an eight-thirty meeting ever... -
NPR: AG Holder Will Step Down
That's the word from this piece by NPR's Carrie Johnson. It begins: Eric Holder Jr., the nation's first black U.S. attorney general, is preparing to announce his resignation Thursday after a tumultuous...
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