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Administration Response to GAO Report on Bergdahl
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... -
An AUMF for ISIL At Last? Questions Raised by the Post's Account of the White House Debate
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. -
Fence-Sitting and War Powers Reforms
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... -
Why the President Should Seek Congressional Authorization for the Use of Force Against The Islamic State [UPDATE on War Powers Resolution]
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... -
GAO: Defense Department Violated Law In Bergdahl-GTMO Detainee Swap
So concludes this report from the Government Accountability Office, which apparently was written in response to a request by various Senators. The document opens: -
Israel-Gaza and the Law of Armed Conflict: Recommended Readings
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... -
The Politics of War Powers in Iraq
The WSJ reports that the initial success of American airstrikes in Iraq is spurring a push for broader military engagement against the Islamic State (IS, or ISIS, or ISIL) in Iraq. Our deepening militar... -
So Where Do War Powers Reports Come From?
Over the last nine weeks, President Obama has sent five war powers notices to Congress in what may be the most concentrated period of Presidential war powers reporting in history. These notices include ... -
Three More Amicus Briefs in Support of Petitioner in Al Bahlul v. United States
Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. United States by (1) the National Institute of Military Justice and (2) Professor David Glazier of Loyola Law Scho... -
Another Amicus Brief Filed in Support of Petitioners in al Bahlul v. United States
This morning Steve summarized the amicus brief he co-authored on behalf of the National Institute of Military Justice in support of the petitioner in al Bahlul v. United States. -
Article III and the <em>al Bahlul</em> Remand: The New, New NIMJ Amicus Brief
On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, mater... -
Article II and Iraq: Justifications for the Mosul Dam Operation in the WPR Notification
In a very positive development, Iraqi and Pesh Merga forces are in the midst of what appears thusfar to be a successful joint operation to take back the Mosul Dam from ISIS fighters. But it's not just th...
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