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Congressional Intent, the 2002 AUMF, and ISIS
Jack's reading of the 2002 AUMF is more than plausible. And I wouldn't be surprised if the executive branch adopted that reading, in searching out a statutory basis for military action against ISIS. -
The 2002 Iraq AUMF Almost Certainly Authorizes the President to Use Force Today in Iraq (and Might Authorize the Use of Force in Syria) [UPDATED]
Following up on a parenthetical near the end of my last post, the 2002 Iraq AUMF states in part: “The President is authorized to use the Armed Forces of the United States as he determines to be necessar... -
The Unreality of “Ending the War”
The march of ISIS across Iraq (and in Syria), and the Obama administration’s scramble to react to it, and the new round of drone strikes in Pakistan, and continuing and growing Islamist terrorist threats... -
Two Legal Takeaways from Yesterday’s HASC Hearing
Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful. At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t... -
Readings: Can Non-State Actors Mount an Armed Attack? by Kimberly N. Trapp
Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the "international community" (or at least an influential and... -
Readings: The Diffusion of Drone Warfare: Industrial, Infrastructural and Organizational Constraints by Andrea Gilli and Mauro Gilli
Political science graduate students Andrea Gilli (European Union Institute, Florence) and Mauro Gilli (Northwestern University, Evanston) have posted a new and provocative paper to SSRN--"The Diffusion o... -
Allaithi v. Rumsfeld: D.C. Circuit Affirms
A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v. -
The Bergdahl Swap: Who Kicked Off the "Political Football" Game?
President Obama complained yesterday that Sergeant Bergdahl is “not a political football.” That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann... -
Vice-President Cheney’s Funny Criticism of President Obama for Not Complying with the GTMO Notice Requirement
I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA... -
Government Files Response to Al Janko's Petition for Rehearing En Banc
Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko's petition for an en banc rehearing. Back in January, a three-judge panel of the D.C. -
The Administration's New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers
The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds. -
Commentary on Bond
Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and
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