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After the AUMF, III: A Surreply to Jack
It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa... -
After the AUMF, II: Daskal and Vladeck Reply
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After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes
In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a... -
Drones, Domestic Detention, and the Costs of Libertarian Hijacking
The more I reflect on last week's drone contretemps--and what effect the efforts of Senator Paul and his followers has had / may still have on U.S. policy--the more I have a profound and distressing sens... -
Audio of Bradley Manning In Court Statement Now Public---But Not on Lawfare
Josh Gerstein of Politico is reporting: A group has posted audio online of Bradley Manning’s speech to a military court in Fort Meade explaining his decision to release classified military information to... -
DOJ Seeks Rehearing En Banc in <em>Bahlul</em> to Overturn <em>Hamdan II</em>
Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou... -
The Capture-or-Kill Debate #8: Kevin Heller Joins the Conversation
The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t... -
The <em>Obaydullah</em> Cert. Petition: One More Shot for the Supreme Court...
Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o... -
Military Appeals in the Supreme Court: The NACDL Amicus Brief in <em>Behenna</em>
While some other stuff was going on yesterday, my friend Lindsay Harrison at Jenner & Block and I filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers and in support of... -
A Statutory Framework for Next-Generation Threats
Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St... -
New Reports from CRS
Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists' Secrecy News) that may be of interest to Lawfare readers. -
Readings: David Pozen on "The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information"
I'm not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through t...
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