Captain Smith’s brief opposing the Government’s Motion to Dismiss.

As Ben notes (and analyzes thoughtfully) here, Trump gave a speech today that included various proposals relating to terrorism. Here's the part that touched on DOJ and terrorism prosecutions:

We have a new piece in The Washington Quarterly, titled “The Legal Legacy of Light-Footprint Warfare.” President Obama’s approach to military intervention has generally emphasized stealthy and often long...

Last month, the Israeli Knesset (Parliament) passed comprehensive legislation overhauling domestic counterterrorism authorities. When it enters into force in November, the new Counterterrorism Law will r...

The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b...

As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th...

Editor's Note: This piece also appears on the Power Wars blog and Just Security.

Watchdogs on the Hill: The Decline of Congressional Oversight of U.S. Foreign Relations

Anyone following the Guantánamo military commissions would do well to read Bob Loeb and Helen Klein's trenchant take on last Friday's D.C. Circuit decision in In re Khadr, in which the Court of Appeals d...

The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.

Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the for...