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Further Thoughts from Trevor Morrison Regarding OLC, and Comments from Dawn Johnsen
A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate. An expanded and updated version of that paper is now available here at Harvard Law Rev... -
Ahmed Warsame and Law of War Detention
What was the legal theory supporting the two-month period of military detention for Ahmed Warsame, preceding his arrival in the United States? White House Spokesman Jay Carney had the following to say t... -
Warsame and the Obstacles Associated with the Military Commission Option in this Particular Instance
One line of criticism emerging this morning in relation to the Ahmed Warsame situation is the argument that Warsame should be tried by military commission rather than in a civilian court. Ben nails it h... -
Warsame: An Emerging New Model for Terrorism Cases?
As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri... -
Clarification on Admiral McRaven's Testimony: Probably Not Intended to Speak to Non-AUMF Scenarios
Last week I posted about testmony from Admiral McRaven and General Allen concerning the lack of U.S.-controlled detention option in a world in which the executive branch does not want to see anyone broug... -
Should Legislation Clarify that Detention Authority Vis-a-Vis Al Qaeda Extends Beyond the End of Combat Operations In Afghanistan? Or Should We Leave That to GTMO Habeas Round Two, Circa 2013 or So?
Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues. One passage in the exchange struck me as particularly significant. Deb ... -
JSOC Drone Strike on al-Shabab in Somalia and the Underlying War Powers Issue
The Washington Post reports this morning that JSOC recently carried out a drone strike in Somalia, targeting two al-Shabab leaders. The piece emphasizes that the Administration has recently highlighted ... -
The Administration's Strategic Errors--And Some Free Advice
As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj... -
Marty Lederman's analysis of Lugar amendment to Kerry-McCain resolution
Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. Lederman points ou... -
What Would We Do With Detainees Captured Outside Afghanistan? Must-Read Testimony from McRaven and Allen on Counterterrorism Policy
[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were... -
Posner and Vermeule on OLC and Libya
Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, ... -
Koh's Written Testimony on the WPR: Arguably Defeating the Section 8(c) Argument, but Struggling with the "Armed Conflict=Hostilities" Argument
Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available.
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