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Drones and Democracy: A Response to Firmin DeBrabander
The New York Times has an oped this morning by a philosophy professor named Firmin DeBrabander worrying that drone warfare heralds the end of democracy in America. No, I am not making that up or even exa... -
The Foreign Policy Essay: Is this How to Win the “War on Terrorism”?
Editor’s Note: The United States has not suffered a rash of terrorist attacks in the 13 years since 9/11. Indeed, this period has proven less bloody at home than the 1970s, hardly remembered as a decade ... -
The Administration Should Explain Its International Legal Basis to Attack ISIL in Syria
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... -
Lawfare Podcast, Episode #91: ISIS, ISIL, IS, AUMF
This week's episode: A roundtable discussion of the politics and law of congressional authorization and the military campaign against ISIS. Bobby, Wells, Foreign Policy magazine's Shane Harris and I held... -
The Week That Was: All of Lawfare in One Post
Dominating Lawfare this week was President Obama’s Wednesday speech detailing his plans to “destroy” and “degrade” ISIS. -
Obama Administration Claims that 2002 Iraq Resolution is a Legal Basis for Air Strikes Against the Islamic State [UPDATED]
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... -
Today's Headlines and Commentary
The Wall Street Journal reports that the U.S. military has began setting in motion an expanded campaign against ISIS militants that will include airstrikes in Iraq and Syria, as well as military training... -
Narrowing Down the U.S. International Legal Theory for ISIS Strikes in Syria
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... -
We are (or Will Soon Be) at War With the Islamic State
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 ... -
Further Reflections on the Legal Rationale For Using Force Against the Islamic State
The War Powers Resolution's strongest impact? -
In Re Directives Documents Released
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The Legal Justifications For Domestic Surveillance: A Summary
Late last week, the Department of Justice released two memos authored by Lawfare's own Jack Goldsmith back when he was the head of the Office of Legal Counsel ("OLC") in the Bush Administration. The memo...
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