Eric Schmitt and Thom Shanker of the NYT report that the Obama administration considered using offensive cyber-weapons in the war in Libya, but in the end did not use them.  Schmitt and Shanker give seve...

Cully Stimson (Heritage) has posted a very handy review of the pros and cons of the pending NDAA FY12 bills, highlighting both the useful and problematic aspects of that legislation.  And as a reminder, ...

That is the headline from ABC News.  The War Powers Resolution notification to Congress states in part: I have authorized a small number of combat-equipped U.S. forces to deploy to central Africa to prov...

Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or...

Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed.  As you may...

In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.

Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki. With respect to US law, I have noted previously that if Congress becomes co...

On Tuesday, lawyers for Abdulrahman Abdou Abou Alghaith Suleiman filed this letter with the Clerk of the United States Court of Appeals for the District of Columbia Circuit.  The letter replies to an ear...

Admiral Mullen, who will soon step down as CJCS, offered the following blunt language in his prepared testimony before the Senate Armed Services Committee this morning: Extremist organizations serving a...

Below Gabor Rona has a sharp response to my earlier post on Charlie Savage’s story on the latest round of Johnson v.

I have little to add to Jack's excellent post yesterday about Charlie Savage's fascinating New York Times story on the latest dispute within the administration on the scope and reach of the AUMF. But I d...

Charlie Savage has a story about a dispute between DOD General Counsel Jeh Johnson and State Legal Advisor Harold Koh over the scope of the president’s legal authority to target members of al Qaeda-affil...