In his WPR notification yesterday, President Obama stated that military operations in Iraq “will be limited in their scope and duration.”   But today, according to the NYT, President Obama “sought to pre...

Here is the letter.  Two points of note. First, the President makes clear that he is authorizing military force in Iraq “pursuant to my constitutional authority to conduct U.S. foreign relations and as ...

It is pretty clear that President Obama today relied on Article II to attack the Islamist State (IS) in Iraq.  I have addressed the legality of such unilateral military action here and here.  I have also...

Yesterday I maintained that the Iraq strikes were not legally problematic to the extent that they were justified as self-defense of U.S. persons, but said that “[i]f the Iraq strikes are conceptualized a...

As Wells notes, the Obama administration is contemplating air strikes in Iraq to protect threatened religious minorities there.

Over at the Wall Street Journal, Siobhan Gorman is reporting on a new letter from the Administrative Office of the U.S. Courts on Sen. Leahy's FISA reform legislation. Signed by U.S.

For the (two?) readers who are following the exchange between Steve and me on Article III and appellate review in the Leahy bill, I wanted to offer two responses to Steve's latest post. The first respons...

As I suspected it would, the exchange between my friend Orin Kerr and me on the constitutionality of the appellate review provisions in the Senate version of the USA FREEDOM Act has morphed into a broade...

My friend Steve Vladeck has graciously responded to my post on the Article III problems I see with appellate review in the Leahy bill. I wanted to return to the issue one more time to sharpen the discuss...

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submit...

The podcast DecodeDC has a new episode out on the question of the future of the AUMF. It's largely a pair of interviews with Jennifer Daskal and me. A good introduction to the subject, in my opinion.

Orin’s post from yesterday afternoon wonders whether the Leahy bill’s provision for “certification” of decisions by the FISA Court to the FISA Court of Review (and from there to the Supreme Court) violat...