Based on comments from senior Obama administration officials who spoke on “the condition of anonymity,” Charlie Savage reports the Obama administration’s legal theory for the use of force against the Isl...

Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets ...

[Cross-Posted at Just Security]  Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to "provide assistance, including training,...

I have spent a lot of time over the past several years---as have many Americans---marveling at the horribleness of the United States Congress.

This afternoon, President Obama finally nominated a new State Department Legal Adviser -- Brian Egan, who currently serves as Deputy Counsel to the President and NSC Legal Adviser.  Here is Brian's bio: ...

The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine.  Both drafts, in different ways, purport to limit the authori...

Over the past week there has been much talk about the President's invocation of the 2001 AUMF in connection with ISIS. Many (including me) expressed considerable surprise, and doubt, about the merits of ...

Readers likely recall that last week, documents from the In Re Directives litigation, regarding foreign intelligence surveillance directives issued to Yahoo!, were declassified. Chief among them: a new ...

The House Rules Committee has released an amendment to the Continuing Resolution (CR) that would authorize the Department of Defense to begin arming and training moderate Syrian rebels as identified by t...

Over the last several days, Administration officials have tried valiantly to explain the Administration’s surprising 11th hour discovery that the 2001 AUMF and indeed the 2002 AUMF provide a domestic law...