Latest in Executive Branch
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Does the Armed-Conflict Model Matter in Practice Anymore?
This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a "postwar" setting...and advances the argument that we a... -
You Are an Operational Commander of AQAP Reading the White House Fact Sheet
Along with President Obama's speech yesterday on counterterrorism policy, the White House released a document titled Fact Sheet: U.S. Policy Standards and Procedures for the Use of Force in Counterterror... -
The President's Speech: Lawmakers React to Obama's Renewed Transfer Efforts
Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy a... -
Reactions to the President’s Speech
My reactions to the President’s speech can be found in this essay at the CFR page. The headline writers gave it the title of Obama Passes the Buck: The President's Empty Rhetoric on Counterterrorism. T... -
The President's Speech: The Good, the Bad, and the Ugly
The President's speech was a dog's breakfast: some good parts, some bad parts, and some ugly parts. The Good. The most significant part of the speech was the President's description of clearer standar... -
The <em>Manning</em> Public Access Litigation Moves to District Court
Before it gets lost in the coverage of this afternoon's speech by the President, I wanted to flag a very important development in the ongoing saga that is the Bradley Manning court-martial. -
An Explainer on the Espionage Act and the Third-Party Leak Prosecutions
The press scandals keep on coming for the Obama Administration. -
What Bill Keller Misses in Urging President Obama to Appoint a Special Counsel in the IRS Matter
Bill Keller of the NYT urges President Obama to order the Justice Department “to appoint an independent investigator with bulldog instincts and bipartisan credibility” to fully examine the IRS imbroglio ... -
Administration Thoughts on the James Rosen Furor
An administration national security official writes in with the following thoughts on the furor over the warrant application against James Rosen of Fox News: There is a great deal of hyperventilation---m... -
DOJ Crosses New Line in Leak Investigation of Fox News Correspondent James Rosen
A few years ago I wrote an op-ed that gave these reasons (among others) why the USG should not prosecute Julian Assange for the WikiLeaks disclosures of State Department cables: A conviction [of Assange]... -
Carrie Cordero on AP Subpoenas
Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law: In light ... -
Congress Must Figure Out What Our Government Is Doing In The Name of the AUMF
A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats. Yesterday’...
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