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One More Thought on Charlie Savage's Story
I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d... -
Thoughts on the Latest Round of Johnson v. Koh
Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil... -
Is it Time to End the War on Terror?
That was the subject of a debate the other day put on by a group called Intelligence Squared--which was attended and summarized by Lawfare reader John Mattiace. Mattiace is an attorney practicing in New ... -
A Response to Bruce Ackerman: Whether the 2001 and 2002 AUMFs Are Exhausted
Bruce Ackerman has an interesting piece at Foreign Policy this week, arguing that the “congressional resolutions authorizing combat in Afghanistan and Iraq no longer justify military operations in either... -
Appellant and Appellee Briefs available for Alsabri v. Obama
The appellant and appellee briefs for Alsabri v. Obama, a Guantanamo habeas case in the D.C. Circuit, are now available. You can read Ben's thoughts on the District Court's decision here and Bobby's thou... -
Ooops! I forgot to Assert the State Secrets Privilege
That's what somebody in the government is saying today, on reading this Washington Post story about a contract dispute between two aviation companies involved in CIA renditions--a dispute that seems to i... -
Is AQAP Part-and-Parcel of al Qaeda? Some New Evidence
Mark Mazzetti had a piece yesterday in the Times covering the important news that CIA once again has located and killed al Qaeda's top officer for operational planning (Atiyah abd al-Rahman, who took ove... -
Redactions to Ali Soufan's New Book
The New York Times is reporting that the CIA has demanded "extensive cuts from the memoir of a former F.B.I. agent who spent years near the center of the battle against Al Qaeda." Ali Soufan has been a v... -
Thomas Drake Oped
Thomas Drake, the former NSA employee who was charged with leaking classified information, in a case that collapsed last month, has this oped in the Washington Post today. Money quote: From 2001 through ... -
DOJ Motion to Dismiss Libya Lawsuit
Yesterday the Justice Department filed a memorandum (h/t Charlie Savage) in support of its motion to dismiss the lawsuit by ten members of Congress against President Obama over the Libya operation. The ... -
Military Commissions, Military Detention, and Our Hezbollah Prisoner in Iraq
As Raff notes, the Washington Post has an editorial this week drawing attention to the important case of Ali Mussa Daqduq, the Lebanese Hezbollah commander who entered Iraq to participate in the insurgen... -
Paul Starobin Responds on Harold Koh
Paul Starobin, whose New York Times piece this weekend was the subject of these earlier thoughts, writes in with the following response: I agree with Benjamin Wittes that there is an important, even a vi...
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