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Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the for...
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Most citizens assume that all of the law Congress writes is public. That is not, in fact, true. Our general norm of publishing law has a significant and largely overlooked legislative exception: classifi...
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Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put for...
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Both the House and Senate Armed Services Committees are reportedly considering amendments to the National Defense Authorization Act for 2017 to limit the size of the NSC staff and subject NSC staff and N...
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As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I en...
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Charlie Savage reports that Captain Nathan Michael Smith, an army intelligence officer deployed in Kuwait, has brought a lawsuit challenging President Obama’s interpretive extension of the 2001 AUMF in r...
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The court fight between Apple and FBI over access to a terrorist iPhone is just the latest chapter in the long-running tension between security professionals trying to get access to information and commu...
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Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been...
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Over at Time I have an essay on the Garland nomination. Following on a point Ben made yesterday, I argue:
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Judge Merrick Garland has some experience with what he is about to go through: being stonewalled by senators who profess to have nothing against him. Back in 1995, when he was nominated to the D.C. Circu...
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These days, when the United States plays the lead role in using lethal force or detaining and interrogating prisoners, the force typically involves only airpower and detention-and-interrogation typically...
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Editor's Note: Most national security bureaucracies regularly go through time-consuming reviews and strategic planning exercises. Are these efforts valuable? Jordan Tama of American University argues tha...
