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Have Presidents Denied the Constitutionality of the War Powers Resolution? Savage and Griffin Debate the Question
Just a quick note to draw attention to an interesting debate under way between Charlie Savage of the New York Times (and author of Power Wars) and Steve Griffin of Tulane (and author of Long Wars and the... -
ISIL's "Associated Forces" and the Scope of the Conflict
An article by Mark Mazzetti and Eric Schmitt in today's New York Times discusses a Pentagon plan for expanding/developing the global basing framework for counterterrorist activities, particularly those i... -
It's Bowe Bergdahl Day: HASC Report and NPR's Serial Released
The House Armed Services Committee has released its report on the inquiry into "The Department of Defense's May 2014 Transfer to Qatar of five law-of-war detainees in connection with the recovery of a ca... -
"Power Wars" in 100 Tweets
Like many Lawfare readers, I confess to being a little obsessed with Charlie Savage's new book, Power Wars. -
President Obama's NDAA Signing Statement on Guantanamo
On Wednesday, November 25th, President Barack Obama signed the 2016 National Defense Authorization Act into law. In addition to the added and renewed restrictions (sections 1031 and 1032) on the presid... -
NYT v. DOJ, Part 2: Second Circuit Narrows Circumstances in Which Official Statements Waive FOIA Exemption 5 Protection
The five-year targeted killing FOIA litigation by the ACLU and New York Times suffered a setback yesterday when the Second Circuit unsealed an opinion affirming an SDNY ruling from October 2014 allowing ... -
Bulk NSA Internet Program Shows the Complete Incoherence of Surveillance Law
The NSA ended its program involving bulk collection of Internet metadata inside the United States in 2011. This Internet metadata program was the genesis of the legal theory that authorizes bulk collect... -
Final Thoughts on Reforming Surveillance and European Privacy Rules
Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ... -
United States v. Dreyer: Suppression of Evidence Not Needed to Deter Future Violations of the Posse Comitatus Act
In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v... -
Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate... -
The (Limited) Ground Combat Mission Spreads to Syria
[UPDATE: The Pentagon has released the transcript of a press briefing today, addressing the SOF deployment to Syria among other things. The DOD official explained that, for now, these operators will not... -
Detainee Transfer Restrictions and the Captures Clause of the U.S. Constitution
Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in pa...
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