Latest in Executive Branch
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A Draft AUMF to Get the Discussion Going
President Obama said last week that he wants an AUMF for the ISIL conflict, and he further stated that he wants to “right-size and update whatever authorization Congress provides to suit the current figh... -
Event at Wilson Center on Islamic State AUMF and Related Issues
On Wednesday morning at 10 a.m. -
The Complexities in an Islamic State AUMF
In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, ho... -
Obama Declares Intent to Seek an ISIS AUMF...Will the 2001 AUMF Be Amended Along the Way?
It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS: Second, I'm going to begin en... -
Recap of Yesterday's Argument in the Section 215 Case
Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama. A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c... -
On Journalists’ Claims for Immunity From Legal Accountability
I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim... -
How the Supreme Court Should Resolve Zivotofsky
Zivotofsky is an important case because it appears to require the Supreme Court to address the scope of the President’s exclusive foreign relations power vis a vis Congress. -
Readings: Henry Farrell on Critics of Snowden and Greenwald
Some time back, Ben noted two stern critiques of Edward Snowden and Glenn Greenwald---one by Sean Wilentz and another by George Packer. The latter reviewed Greenwald's book, No Place to Hide; ditto Micha... -
A Follow Up on the Postal Service Metadata Program
This morning, I posted some thoughts on a story in the New York Times about so-called "mail covers" by the Postal Service and their relationship -
Feds Identify Suspected "Second Leaker"
That's the headline from Michael Iskikoff at Yahoo! News reporting that the FBI has identified the suspected so-called "second leaker." The story begins: The FBI has identified an employee of a federal ... -
Susan Rice Did Not Consult DOD When She Urged Repeal of 2002 AUMF That DOD (Correctly) Thought Was "Still Needed"
Michael Hirsh has a piece at Politico on the disorganized, uncoordinated crafting and implementation of the administration’s strategy to defeat the Islamic State. Of particular interest to Lawfare reade... -
Oral Argument Preview: <em>Zivotofsky v. Kerry</em>
On Monday, November 3, the Supreme Court will hear oral arguments in Zivotofsky v. Kerry, the long-awaited final act in a decade-plus-long saga surrounding the passport of an American boy born in Jerusal...
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