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I am a little perplexed by Steve's response to my critique of the AUMF principles he helped write. Steve accuses me of "hiding the ball." But he seems to me, rather, to be moving the goalposts.
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In his post this morning, Ben identifies what he calls "flaws" with three of the six principles for a use-of-force authorization for ISIL that were introduced yesterday by a group of legal experts (that ...
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By coincidence, the same day that Jack, Bobby, Matt and I released our draft AUMF text, a group associated with Just Security released a document entitled "Principles to Guide Congressional Authorization...
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A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and...
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A few days after oral argument before a three-judge panel of the D.C.
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President Obama said last week that he wants an AUMF for the ISIL conflict, and he further stated that he wants to “right-size and update whatever authorization Congress provides to suit the current figh...
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On Wednesday morning at 10 a.m.
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In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, ho...
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It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS:
Second, I'm going to begin en...
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Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...
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I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim...
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Zivotofsky is an important case because it appears to require the Supreme Court to address the scope of the President’s exclusive foreign relations power vis a vis Congress.