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In advance of Thursday's Senate Armed Services Committee hearing on the 2001 Authorization for the Use of Military Force (AUMF), Jen Daskal and I have expanded upon our exchanges with Bobby, Jack, Matt, ...
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So we learn from this Associated Press story. It hints that the records' acquisition may stem from a DOJ inquiry into the disclosure, last year, of classified material to the AP---regarding the CIA's di...
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Not for the first time, and certainly not for the last, it appears that the Supreme Court disagrees with me--and doesn't think the constitutionality of courts-martial for civilian contractors is worth it...
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From Harold Koh’s speech to the Oxford Union the other day:
Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa...
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From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...
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Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of...
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From Harold Koh's speech to the Oxford Union yesterday:
A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and...
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Hmmmm.
From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi...
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Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L...
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As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (...
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Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows:
Thank you, Mr. President and Members...
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Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali--the case in which the highest court in the military justice system, the Court of Appeals for the A...
