Earlier today, Senator Tom Cotton (R-AR) introduced legislation to make permanent Section 702 and the other components of Title VII of the Foreign Intelligence Surveillance Act, along with a group of Rep...

It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important re...

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.

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...

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...

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...

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...

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.

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...

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. ...

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 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...