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 ...

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...

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...

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...

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...

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...

Secretary of State Kerry said yesterday: We're engaged in a major counterterrorism operation [against the Islamic State], and it's going to be a long-term counterterrorism operation.  I think war is the ...

Like my colleagues Ben and Wells, I'm astonished to learn this evening that the Obama administration, having previously justified 140+ airstrikes against IS in Iraq on Article II grounds alone (at least ...

What Ben said. I certainly can see why the executive branch would want to adopt a reading as aggressive as this one: it nips some War Powers Resolution questions in the bud, and helps to make it more l...