I have this feeling that a lot of people are going to mischaracterize the just-released OLC memo on the Anwar Al-Aulaqi strike. Just a guess. So before expressing any opinions on the subject or arguing w...

As I read Ben’s, Jack’s, John’s Steve’s and Wells’s posts, I come away with the impression that there is unanimous agreement at Lawfare that Abu Khattala (a) cannot be sent to Guantánamo for further inte...

Various reports of the President’s meeting with congressional leaders (e.g here and here – note especially Pelosi’s comments) suggest that the administration believes that the 2001 AUMF (post-9/11) and t...

Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court.  “Ahmed Abu Khattala should be held at Guantanamo as a potential en...

An important story tonight in the Wall Street Journal, outlining the first fruits of the Obama administration's review of its options vis-a-vis Iraq and ISIS: The White House and Pentagon now hold a mor...

Such is the import of this letter, sent today by President Obama to the Speaker of the House.  The letter says, in pertinent part: Dear Mr. Speaker: (Dear Mr. President:) Starting on June 15, 2014, up t...

I explained yesterday why I believe the administration has a straightforward argument for relying on the 2002 Iraq AUMF if it chooses to use force against ISIS in Iraq.  (Bobby and Wells disagree, and th...

Today President Obama ruled out sending ground forces back into Iraq, but he pointedly did not rule out the direct use of U.S. air power in kinetic operations against ISIS. The President explained that h...

Jack's reading of the 2002 AUMF is more than plausible. And I wouldn't be surprised if the executive branch adopted that reading, in searching out a statutory basis for military action against ISIS.

The other day, I linked to the first two contributions to Cato Unbound's forum, “The Snowden Files: One Year Later.” Now Carrie Cordero has added an essay, which opens: There is no

Following up on a parenthetical near the end of my last post, the 2002 Iraq AUMF states in part:  “The President is authorized to use the Armed Forces of the United States as he determines to be necessar...