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Paul Starobin has a piece in the New York Times pondering the flip-flop of Harold Koh on war powers:
During the Bush administration, he was legendary for his piercing criticisms of “executive muscle flex...
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Josh Gerstein at the Politico is reporting:
The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted swe...
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Today's House Armed Services Hearing on "Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror" included testimony from the following witness...
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Earlier today, Raffaela noted a letter, sent by the Chairs of various House Committees to the President, regarding the latter’s approach to the Warsame case. Unsurprisingly, the letter critiqued the Adm...
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Several House committee chairs have sent this letter regarding the Warsame case to President Obama.
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A new Congressional Research Service report reviews provisions in the competing versions of the National Defense Authorization Act regarding detainee affairs. Here is a summary of the report's findings:
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In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q...
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A while back Ben posted about the pressing need for “radical transparency” in the military commissions process. It’s time to say it again: The Pentagon must make it much easier for outsiders to follow t...
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This afternoon, NPR and France 24 reported on two significant events regarding Libya. First, Gadhafi may be ready to leave the country, and his representatives have sought negotiations regarding the mec...
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I promised yesterday that I would collect and post my thoughts in response to Spencer Ackerman's and Marcy Wheeler's comments on drones and debates. Rather than try to take on the many big themes they ra...
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A few days ago, I posted this little comment concerning Eugene Robinson's column on drones. The response to it has, I confess, surprised me, particularly as it has focused largely on an off-hand remark I...
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A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate. An expanded and updated version of that paper is now available here at Harvard Law Rev...