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Just a quick note to draw attention to an interesting debate under way between Charlie Savage of the New York Times (and author of Power Wars) and Steve Griffin of Tulane (and author of Long Wars and the...
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I wrote yesterday about Representative Schiff’s draft AUMF. Republican representatives Welch and Rigell, Democratic Senator Kaine, and Republican Senator Flake also proposed a new ISIL AUMF yesterday.
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I remain skeptical that Congress will ever pass an ISIL AUMF. But if it is going to enact one, I recommend the one just proposed by Representative Schiff (which differs from the previous two he has prop...
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The House Armed Services Committee has released its report on the inquiry into "The Department of Defense's May 2014 Transfer to Qatar of five law-of-war detainees in connection with the recovery of a ca...
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Like many Lawfare readers, I confess to being a little obsessed with Charlie Savage's new book, Power Wars.
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There were at least two points of note in President Obama’s call last night for Congress to “vote to authorize the continued use of military force against these terrorists.” First, the President did not...
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Secretary of Defense Carter and Chairman of the Joint Chiefs of Staff Dunford testified Tuesday before the House Armed Services Committee. The news was that JSOC will play a bigger role against ISIL in ...
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The Foreign Intelligence Surveillance Court has released the names of the first five Amici Curiae that will serve the Court as part of reforms enacted under the USA Freedom Act. The list, effective Novem...
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On Wednesday, November 25th, President Barack Obama signed the 2016 National Defense Authorization Act into law.
In addition to the added and renewed restrictions (sections 1031 and 1032) on the presid...
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Executive power is on the rise, a familiar argument runs, and necessarily at the expense of Congressional authority.
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On Friday, a bipartisan group of House lawmakers sent Speaker Paul Ryan (R-WI) a letter calling for him to schedule a vote on a new Authorization for the Use of Military Force (AUMF) against the Islamic ...
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Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ...