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Here's a novelty: Guantanamo detainee Abdul Razak Ali---whose case we have written about a fair bit---has filed a reply brief in response to his own cert petition.
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In the wake of Thursday’s statements by Joint Chiefs Chairman Martin Dempsey and Friday’s comments by Deputy National Security Adviser Ben Rhodes, it sounds like the U.S. Government is at least consideri...
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As Bobby has noted, Karen DeYoung of the Washington Post is reporting that the Administration is now considering more seriously whether to ask Congress for authorization to use military force against the...
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News broke yesterday that the Russian military has moved artillery units inside of Ukraine and that Russian troops are actively using them against Ukranian forces---a move with dramatic escalatory potent...
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Here's the government's response to the GAO report, to which Wells linked yesterday, concluding that the Bergdahl trade violated the law. A statement from Pentagon Press Secretary Rear Admiral John Kirby...
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If U.S. involvement in Iraq increases, can discussion of the President’s war powers under Article II be far behind? Jack noted the politics at play in the lack of congressional authorization for the use ...
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The Washington Post reports tonight that the White House is actively considering whether to go to Congress to seek an explicit authorization to use force against ISIL.
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There are two new NSA email metadata collection program documents on the DNI's Tumblr site, IContheRecord.
From the site:
Following a declassification review by the Executive Branch, the Department of ...
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"There is no simple answer on whether to submit to terrorist extortion," editorializes the New York Times today. Actually, there is a right answer---and it's a relatively simple one.
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NATO officials announced today that the Russian military has moved artillery units manned by Russian personnel inside Ukraine in recent days and is actively using them against Ukrainian forces, reports
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Mention of politics, war powers, and legislative authorization to use further force in Iraq, reminds me: whatever happened with the War Powers Consultation Act of 2014 (“WPCA”), put forth by Senators Kai...
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A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL). But as the aims and scope of U.S. mi...
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So concludes this report from the Government Accountability Office, which apparently was written in response to a request by various Senators. The document opens:
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From this morning’s NYT story on the Foley rescue operation:
The officials revealed the mission in a conference call with reporters, in which they spoke on the condition of anonymity because of the class...
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Here's a lengthy interview with Edward Snowden by James Bamford in Wired. There's very little new in it---though some new details are in there about programs and activities that shocked Snowden while he ...
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Yesterday, we shared news of a video published by the Islamic State, which depicted the brutal beheading of American journalist James Foley. The New York Times reports that the Islamic State had asked th...
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Yesterday two amicus briefs were filed on behalf of the appellees in Klayman v. Obama, the bulk metadata case up on appeal in the D.C. Circuit.
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A number of friends and colleagues have asked me recently for recommended readings on the law of armed conflict and Gaza. I’ve decided, therefore, to post some of my suggestions and some explanation as t...
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“No just God would stand for what they did yesterday and what they do every single day,” President Obama said earlier this afternoon, in reaction to the appalling video of the beheading of American journ...
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A few weeks ago, I wrote a pair of posts analyzing where the notion of imminence comes from in the government's thinking about targeted killing---and in David Barron's OLC memo on the Al-Aulaqi strike. I...