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As Jack noted earlier this morning, Lawfare's Alex Loomis has a fascinating new paper up on SSRN (for the moment, anyway) about the scope of Congress's Article I power to "define and punish . . .
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The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b...
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As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th...
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Editor's Note: This piece also appears on the Power Wars blog and Just Security.
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In an event yesterday at the Council on Foreign Relations, Speaker Paul Ryan (R-WI) released the House Republican's 2016 national security strategy.
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It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting sta...
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Three years ago today, The Guardian published the first story based on the huge archive of documents that that Edward Snowden stole from the National Security Agency while working as an NSA contractor. ...
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I’ve read the Vice News report based on the FOIA-released documents three times now, and still do not see within it support for the headline, “Exclusive: Snowden Tried to Tell NSA About Surveillance Conc...
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The October 2015 bombing of the Doctors Without Borders (MSF) hospital in Kunduz, Afghanistan has amplified a long-simmering discussion regarding the ability of the American military to objectively condu...
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In the eyes of the DC foreign policy establishment, issuing threats without any intention to back them up with action is a cardinal sin. Bluffing, the thinking along think tank row goes, dangerously unde...
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The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.
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"Geof Stone is a prominent civil liberties expert and advocate who is a member of the National Advisory Council of the American Civil Liberties Union [and a Professor at the University of Chicago Law Sch...
