Earlier today I noted a couple of scenarios in which the US government might want detention authority yet face obstacles in relying on the original AUMF should we have withdrawn in the interim from Afgha...

For the record, the Buchanan Amendment is a bad idea, and I hope that it dies in conference.  In addition to being constitutionally vulnerable in at least some applications (Milligan anyone?), and hamhan...

Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject. First, if it was not c...

The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama--a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and b...

Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor throu...

The debate regarding AUMF renewal via section 1034 of the NDAA FY12 is about much more than detention authority, but of course it does impact detention authority in various ways.  As to that issue, Debor...

As Raffaela notes below, the NDAA FY12 passed the House yesterday with the AUMF provision, section 1034, intact.  The action now moves on the Senate, and beyond that we have the prospect of negotiations ...

I have received two interesting responses to my post from last night suggesting tweaks to the AUMF reauthorization language.

I'm in the midst of grading exams for my National Security Law class, and keep finding myself thinking that I should have assigned the draft AUMF language in the NDAA FY12 bill as the basis for an essay ...

Politico has two pieces today of interest to Lawfare readers. The first is a lengthy Josh Gerstein & Charles Hoskinson analysis of this week's debate in the House on revising the AUMF. The second, an op-...

Ever since my exchange with Daphne Eviatar and Bobby's post last night, I have been wondering if there's an easy tweak to Rep. Buck McKeon's AUMF reaffirmation language. Specifically, could Rep. McKeon m...

The number of violent acts committed in Iraq by insurgents, terrorists, and militias over the past eight years in Iraq boggles the mind.