Paul Starobin has a piece in the New York Times pondering the flip-flop of Harold Koh on war powers: During the Bush administration, he was legendary for his piercing criticisms of “executive muscle flex...

Here is the July 29 opinion in which Judge Brinkema explains why NYT reporter James Risen will not have to testify, in the Jeffrey Sterling leak prosecution, about whether Sterling was Risen’s source for...

Josh Gerstein at the Politico is reporting: The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted swe...

Several House committee chairs have sent this letter regarding the Warsame case to President Obama.

A new Congressional Research Service report reviews provisions in the competing versions of the National Defense Authorization Act regarding detainee affairs. Here is a summary of the report's findings: ...

A quick thought in response to the very interesting exchange underway between Ben and Kevin (the most recent contribution to it is here).  In an update to an earlier post, Kevin writes: Ben is quite righ...

In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q...

In response to my post yesterday about looming habeas litigation alleging that the U.S.

This afternoon, NPR and France 24 reported on two significant events regarding Libya.  First, Gadhafi may be ready to leave the country, and his representatives have sought negotiations regarding the mec...

Charlie Savage has an important piece regarding the Obama Administration's position on the scope of its authority under the AUMF, as it relates to al Shabab.  Quoting anonymous senior administration offi...