Latest in Executive Branch
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Why it Might Matter Whether the Islamic State Was AUMF-able Last Year
In February, Karen DeYoung and Greg Miller wrote a story in the WP about how Al-Qaeda’s then-recent expulsion of the Islamic State of Iraq and Syria (ISIS, now Islamic State, or IS) raised questions abou... -
A Standoff of Agreement Over an ISIS AUMF
You know that the political system has reached a moment of special paralysis when a standoff emerges out of agreement. Yet that is what appears to be happening with respect to the politics of authorizing... -
A Less Generous Take on Greenwald's Latest
Jack is very generous to Glenn Greenwald in his post earlier today, in which he notes areas where he agrees with what he terms Greenwald's "skeptical takedown of the factual basis for the attacks on the ... -
Islamic State Reconciling with Jabhat al-Nusra, and Strengthening President’s 2001 AUMF Argument
The Guardian reports that USG bombing of Jabhat al-Nusra, the al Qaeda group (or AQ-affiliated group) in Syria that has been at odds with the Islamic State for a year or so: Air strikes continued to targ... -
Heritage Event on "The Legal Basis for Military Action against ISIS"
Featuring Cully Stimson, Bobby Chesney, Steve Vladeck, and Steve Bradbury. Here's the video: -
Who Should Replace Eric Holder? David Kris
The biggest surprise I’ve had in this job is how much time the national-security issues take. Those are the primary things that I have to deal with in a post-9/11 world. From an eight-thirty meeting ever... -
NPR: AG Holder Will Step Down
That's the word from this piece by NPR's Carrie Johnson. It begins: Eric Holder Jr., the nation's first black U.S. attorney general, is preparing to announce his resignation Thursday after a tumultuous... -
The Obama Administration’s Legal Justification for Strikes Against the Islamic State In Syria
Based on comments from senior Obama administration officials who spoke on “the condition of anonymity,” Charlie Savage reports the Obama administration’s legal theory for the use of force against the Isl... -
Julian Sanchez on the NSA Controversies and Surveillance Reform
Cato Institute scholar Julian Sanchez has this lengthy interview with a podcast called Free Thoughts from libertarianism.org on the NSA controversies. -
Government Asserts State Secrets Privilege in Defamation Suit Against Non-Profit
Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets ... -
At Last, a Legal Adviser Nominee!
This afternoon, President Obama finally nominated a new State Department Legal Adviser -- Brian Egan, who currently serves as Deputy Counsel to the President and NSC Legal Adviser. Here is Brian's bio: ... -
The Draft AUMFs for the Islamic State Do Not Limit Congressional Authorization on Ground Troops, or Geography, or Associated Forces
The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine. Both drafts, in different ways, purport to limit the authori...
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