Latest in Executive Branch
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What Will U.S. Troops in Baghdad Do When Islamic State Militants Arrive?
There are several stories today about how Islamic State militants are threatening Baghdad. Some of the stories suggest that “an all-out assault on Baghdad” may be in the cards, while others say that the... -
Signing Statements, the Commander in Chief Power, and Guantanamo Closure
According to the Wall Street Journal, the President's people are "drafting options" to bring about Guantanamo's closure, an objective that would require the White House to get around a statutory restric... -
On Ryan Goodman's Hopeful Take on Ending the Forever War (Or: Why Legal Debates About the 2001 AUMF Don’t Affect National Security Reality)
A few responses to Ryan Goodman's reality-defying take on my claim that the Obama administration’s idea of ending the “Forever War” is dead: * Legal rationales debated by law professors will have ... -
Some Recent NSA Debates
Here's some video of some recent NSA debates. Here's one that took place a couple of weeks ago at Georgetown on "The NSA, Privacy & the Global Internet: Perspectives on EO 12333." Participants included ... -
More on the War Powers Resolution and the Use of Force Against the Islamic State
This morning I argued that the Obama administration had violated the War Powers Resolution unless its is correct in its contention that the 2001 and 2002 AUMFs together authorize the use of force against... -
The Administration Has Violated the War Powers Resolution Unless It is Right About the Applicability of the AUMFs to the Islamic State
On Monday, Senator Cruz maintained that the War Powers Resolution (WPR) clock had expired because 60 days had passed since the first air strikes against the Islamic State, which the President notified Co... -
History Suggests That Congress Will Only Authorize Force Against the Islamic State If the President Proposes and Pushes For an Authorization (or Screws Up Unilateral Force Badly)
President Obama says he would “welcome congressional support” but does not need authorization from Congress in order to use force against the Islamic State. The President appears to have taken no steps ... -
Confusing the Issues in <em>al Bahlul</em>
For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C. -
The Significance of Harold Koh's Legal Defense of the Administration's Interpretation of the 2001 AUMF
Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important. It adds little new to other defenses of the Pre... -
Why Article III Matters: A Reply to Peter Margulies on <em>al Bahlul</em>
I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C. -
Article III and the Bottom-Side Briefing in <em>al Bahlul</em>
Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-intern... -
Why it Might Matter Whether the Islamic State Was AUMF-able Last Year
In February, Karen DeYoung and Greg Miller wrote a story in the WP about how Al-Qaeda’s then-recent expulsion of the Islamic State of Iraq and Syria (ISIS, now Islamic State, or IS) raised questions abou...
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