Latest in Executive Branch
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Sweeping Claims and Casual Legal Analysis in the Latest U.N. Mass Surveillance Report
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Obama Administration Explains Why It Thinks Islamic State Strikes Comply With War Powers Resolution
Last week I explained that a likely major reason for the Obama administration’s switch from an Article II rationale for air strikes against the Islamic State to an AUMF rationale (2001 and 2002) was comp... -
Obama’s Surprising War Powers Legacy
We have an essay in The New Republic titled Obama, Not Bush, Is the Master of Unilateral War. It argues that President Obama, ironically in light of his own lofty rhetoric about lodging war decisions wi... -
Why Glenn Greenwald's Challenge is Asking the Wrong Question
Over at Vox an admiring article appears on a challenge that Glenn Greenwald is giving to people who think they have nothing to hide: The most common defense for the massive expansion of -
On the Latest <em>Intercept</em> Story
You may not have read much about the latest big scoop in The Intercept, released Friday evening under the bylines of Peter Maass and Laura Poitras and headlined "Core Secrets: NSA Saboteurs in China and ... -
New Yorker Profile of Laura Poitras
I have just read George Packer's profile of Laura Poitras in the New Yorker, which centers around her new, long-awaited film about Edward Snowden. The film, due for release October 24 and called Citizenf... -
End of “Forever War” Watch, Columbus Day Weekend Edition
Last year President Obama called for the end of the 2001 AUMF conflict and wagged his finger at people who thought continued statutory authority was needed to meet the continuing and morphing Islamic ter... -
Jane Mayer Interviews Edward Snowden
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Read Out: Hearing on DOJ's State Secrets Claim in <em>Restis v. UANI</em>
The transcript of Judge Edgardo Ramos' Wednesday hearing in Restis v. United Against Nuclear Iran ("UANI") is in---and full of fascinating questions about the government's use of the state secrets privil... -
What Will U.S. Troops in Baghdad Do When Islamic State Militants Arrive?
There are several stories today about how Islamic State militants are threatening Baghdad. Some of the stories suggest that “an all-out assault on Baghdad” may be in the cards, while others say that the... -
Signing Statements, the Commander in Chief Power, and Guantanamo Closure
According to the Wall Street Journal, the President's people are "drafting options" to bring about Guantanamo's closure, an objective that would require the White House to get around a statutory restric... -
On Ryan Goodman's Hopeful Take on Ending the Forever War (Or: Why Legal Debates About the 2001 AUMF Don’t Affect National Security Reality)
Some responses to an overly optimistic take.
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