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I was planning to write a piece this morning pointing out that Charlie Savage's story--to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing t...
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A lot of new details in this Charlie Savage story on the OLC memo from last year on the legality of targeting Anwar Al-Aulaqi.
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Daniel Bethlehem, who recently stepped down as principal legal adviser of the UK Foreign & Commonwealth Office, has an interesting essay in the Harvard National Security Journal, on out-of-theater target...
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The oral argument for the Al-Zahrani case, about which Ben just posted, took up much of my morning, so expect Headlines and Commentary tomorrow. But in the meantime, I wanted to share this very interesti...
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In response to some push back, and at the risk of some repetition, I would like to clarify a bit more why I think there is no serious bar to the government revealing more about the legal basis for its ac...
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By last Friday afternoon, I was--I admit--in a state of nearly fevered excitement. Al-Aulaqi had just been killed, and there would be a nice, fat, New York Times editorial about it to savage. It would co...
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In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program.
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Over at Slate, Will Saletan has an interesting post up querying whether the Fifth Amendment analysis potentially underlying the decision to kill al-Aulaqi--broken down into requirements that the person b...
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Raha Wala of Human Rights First writes in with the following objections to my analysis of the Anwar Al-Aulaqi killing:
I don’t know if killing Aulaqi was legal because I don’t know what factual basis the...
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The Washington Post reports that the Justice Department’s Office of Legal Counsel wrote a classified legal opinion in support of the al-Aulaqi killing. Carrie Budoff Brown* at Politico reports that form...
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Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki.
With respect to US law, I have noted previously that if Congress becomes co...
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"God bless Ben," Spencer Ackerman writes, "he's really trying hard to think through what the rules ought to be for killing an American citizen accused of terrorist membership." My effort in that regard, ...