The transcript of Judge Edgardo Ramos' Wednesday hearing in Restis v. United Against Nuclear Iran ("UANI") is in---and full of fascinating questions about the government's use of the state secrets privil...

There are several stories today about how Islamic State militants are threatening Baghdad.  Some of the stories suggest that “an all-out assault on Baghdad” may be in the cards, while others say that the...

According to the Wall Street Journal,  the President's people are "drafting options" to bring about Guantanamo's closure, an objective that would require the White House to get around a statutory restric...

Some responses to an overly optimistic take.

This morning I argued that the Obama administration had violated the War Powers Resolution unless its is correct in its contention that the 2001 and 2002 AUMFs together authorize the use of force against...

On Monday, Senator Cruz maintained that the War Powers Resolution (WPR) clock had expired because 60 days had passed since the first air strikes against the Islamic State, which the President notified Co...

President Obama says he would “welcome congressional support” but does not need authorization from Congress in order to use force against the Islamic State.  The President appears to have taken no steps ...

For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C.

Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important.  It adds little new to other defenses of the Pre...

I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C.

Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-intern...