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What's So Great About the Declare War Clause? Noah Feldman's Madison & War Powers: Part III
The first two essays of this three-part series on Noah Feldman’s “The Three Lives of James Madison” discussed Madison’s theory of war powers and some of its failure or adaptation in practice. This last e... -
What’s So Great About the Declare War Clause? Noah Feldman’s Madison & War Powers: Part II
The first essay in this three-part series about Noah Feldman’s “The Three Lives of James Madison” discussed how Madison’s theory of war powers was focused heavily on internal dangers to liberty and repub... -
Judge Chutkan’s Detainee-Transfer Ruling and the Dual-Citizenship Complication
On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ... -
What's So Great About the Declare War Clause? Noah Feldman's Madison & War Powers: Part I
I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient ... -
Document: Judge Chutkan Declines to Block Government from Transferring Detainee in Doe v. Mattis
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu... -
Turning a Citizen Military Detainee Over to Another Country: The Valentine/Munaf Issue in Doe v. Mattis
In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor... -
The Scope of the Endless War After One Year Under Trump
“We don’t know exactly where we’re at in the world militarily and what we’re doing,” said Sen. Lindsey Graham, one of the Senate’s most knowledgeable military experts, about U.S. global counterterrorism ... -
Last Week at the Military Commissions: Administrative Matters and Defense Claims of Unjustified Interference
Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceed... -
Is There an International Legal Basis for the ‘Bloody Nose’ Strategy?
The recent bilateral talks between North and South Korea in the town of Pyeongchang seem to have de-escalated tensions on the peninsula. The North has agreed to participate in the upcoming Winter Olympic... -
Should Judge Chutkan Bar Transfer of the U.S. Citizen Enemy Combatant in Iraq?
Should a federal judge bar the U.S. military from transferring to another country a dual U.S.-Saudi citizen whom we have been holding as an enemy combatant in Iraq for the past several months? -
Document: Judge Orders Government Not to Transfer Detainee in Doe v. Mattis
Judge Tanya Chutkan of the D.C. federal district court issued an ordered in Doe v. Mattis on Jan. 18. Chutkan ordered the government not to transfer John Doe until Jan. 23, when the order suggests that t... -
When Does GTMO Detention Authority Expire? A Close Look at a New Habeas Case.
Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habea...
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