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Over at VICE News, reporter Jason Leopold has this very interesting story about the FBI investigation of Samir Khan, the AQAP propagandist and editor of Inspire magazine, who was killed in the strike aga...
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The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings."
The summary reads, in part:
This report discusses majo...
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[Cross-Posted at Just Security]
Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to "provide assistance, including training,...
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The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine. Both drafts, in different ways, purport to limit the authori...
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Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission...
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Over the past week there has been much talk about the President's invocation of the 2001 AUMF in connection with ISIS. Many (including me) expressed considerable surprise, and doubt, about the merits of ...
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Military judge J. Kirk Waits begins Monday's session in the military commission case against Hadi with some housekeeping matters: the detailing of a new member of the defense team, Lt. Col. Thomas Jasper...
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Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees see...
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Recently circulated by the United States in New York, in conjunction with the larger campaign against ISIS: a United Nations Security Council (UNSC) draft resolution aiming to reduce the rising threat po...
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Over the last several days, Administration officials have tried valiantly to explain the Administration’s surprising 11th hour discovery that the 2001 AUMF and indeed the 2002 AUMF provide a domestic law...
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I always thought the 2002 AUMF was an obvious basis for air strikes against the Islamic State, easily in Iraq and possibly (given the right circumstances) in Syria. Today Charlie Savage reports that “th...
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In late August, I suggested several possible theories the Administration might invoke to argue that the use of force against ISIS in Syria is consistent with international law. In the wake of President O...
