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The Case for Drones
With President Obama's big speech tomorrow on counterterrorism policy at National Defense University in mind, Commentary Magazine has been nice enough to post today my June cover essay, "The Case for Dro... -
Our Testimony on Military Detention for Domestic Captures: Congress Should Foreclose This Defunct Option
Today we will appear before the House Judiciary Committee, and will argue that Congress should put to rest the question of military detention for domestic captures. More specifically, we will argue that... -
Speaking the Law: Chapter 2
Just in time for the President's speech on Thursday, the Hoover Institution has released Chapter 2 of our serialized book: Speaking the Law: The Obama Administration's Addresses on National Security Law.... -
HJC Hearing on Constitutional Rights of U.S. Citizens in the War on Terror
Ben and Bobby will be testifying in front of the House Judiciary Committee on "Protecting U.S. Citizens' Constitutional Rights During the War on Terror" at 10 am tomorrow at 2141 Rayburn House Office Bui... -
What the President Could Say in His Speech
On Thursday, President Obama will be giving a major address on national security and counterterrorism, styled as a companion to the 2009 National Archives address. That 2009 speech adopted a pragmatic a... -
Heritage Event on Detainee Policy
I meant to post on this last week and clean forgot until I heard a bit of it on CSPAN radio yesterday. The Heritage Foundation held this event on detainee policy featuring all four people who have held t... -
House Judiciary Hearing on Domestic Drones
Earlier today, the House Judiciary Committee held a hearing entitled "Eyes in the Sky: the Domestic Use of Unmanned Aerial Systems." The four-witness panel included two experts familiar to Lawfare reade... -
Peter Margulies on Law, Ethics and the GTMO Hunger Strike
Peter Margulies, of Roger Williams School of Law, writes in with these comments on law, ethics, and the hunger strike ongoing at Guantanamo: The hunger strike at Guantanamo has put bioethics on the front... -
Congress Must Figure Out What Our Government Is Doing In The Name of the AUMF
A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats. Yesterday’... -
Testimony from May 16 Senate Armed Services Committee Hearing on the AUMF
There's been a flurry of Lawfare posts on today's hearing, before the Senate Armed Services Committee, on the 2001 Authorization for the Use of Military Force. The video of the hearing can be viewed here... -
Quick Reactions to Extraordinary Senate Armed Services Committee Hearing on the AUMF
I participated in an extraordinary hearing before the Armed Services Committee today on the scope of the AUMF. Lawfare readers interested in the scope of the AUMF will want to watch the hearing video ca... -
The Washington Post, the AUMF, and Self-Defense
Ben quotes from this morning's Washington Post editorial on AUMF reform, the last two sentences of which assert that "Countering the jihadists with intelligence and law enforcement tools manifestly faile...
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