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More on the Legal Basis for the Administration’s Disregard of Congressional Restrictions on Detainee Transfers in the Bergdahl Context, and on the Implications for Closing GTMO
Last summer I wrote of the administration’s constitutional arguments for disregarding congressional transfer restrictions in swapping the Taliban 5 for Bowe Bergdahl: To say that the President disregarde... -
The Consequences of Congressional Inaction on the AUMF
Yesterday, I wrote about the consequences of congressional inaction over the next two months with respect to Section 215 of the Patriot Act. Today, I want to focus on another area where Congress is poise... -
An Apparently Real Paintball Drone
Yesterday, I was up at Harvard Law School on a panel with Gabriella Blum talking about our new book: The Future of Violence: Robots and Germs, Hackers and Drones---Confronting A New Age of Threat. -
The Bergdahl Roadmap to Unilateral Presidential Closure of GTMO
We have not paid enough attention to the significance of the administration’s legal argument in support of the Bergdahl trade for President Obama’s goal of closing GTMO. The Article II logic in the admi... -
On the 2014 Gaza War Assessment
The recent “2014 Gaza War Assessment: The New Face of Conflict” deserves careful reading and consideration by all LOAC scholars and practitioners. The report was written by five richly experienced retir... -
Intelligence Squared US Debate: "The President Has Exceeded His Constitutional Authority By Waging War Without Congressional Authorization"
This evening, at 6:45 pm, Intelligence Squared US is holding a debate on the resolution: "The president has exceeded his constitutional authority by waging war without congressional authorization." Argui... -
Judicialization of Warfare in the U.K.
A British think tank called Policy Exchange has released a very interesting report on judicialization of British warfare. Entitled "Clearing the Fog of Law: Saving Our Armed Forces from Defeat by Judicia... -
"The Future of Violence" on Diane Rehm
This morning, Gabriella Blum and I had the pleasure of appearing on the Diane Rehm Show to discuss The Future of Violence: Robots and Germs, Hackers and Drones---Confronting A New Age of Threat. -
U.S. Policy on the South China Sea
At the end of last week, Senators McCain and Reed of the Senate Armed Services Committee and Senators Corker and Menendez of the Senate Foreign Relations Committee sent a letter about the South and East ... -
Bowe Bergdahl Charged with Desertion
That's the news from the Washington Post this hour. Sgt. Bowe Bergdahl, the U.S. soldier who lived in Taliban captivity for five years and was ultimately released in exchange for five Taliban militants h... -
How Did Abid Naseer Come to be Convicted in a U.S. Court?
On March 4 2015, Pakistani national Abid Naseer was convicted in a Brooklyn Federal Court of supporting terrorism and conspiring with al-Qaeda to bomb a shopping mall in the United Kingdom in 2009. -
New Abbottabad Documents Released in Trial of Abid Naseer
In the trial of Abid Naseer, the U.S. Department of Justice released a trove of new files recovered from Osama bin Laden's compound during the May 2011 raid by U.S. Navy Seals that ended in his death. Se...
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