Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
-
Too Soon to Assess the President's Invocation of the 2001 AUMF as to ISIS?
Over the past week there has been much talk about the President's invocation of the 2001 AUMF in connection with ISIS. Many (including me) expressed considerable surprise, and doubt, about the merits of ... -
Updated Version of <em>In Re Directives</em>: A Quick Summary
Readers likely recall that last week, documents from the In Re Directives litigation, regarding foreign intelligence surveillance directives issued to Yahoo!, were declassified. Chief among them: a new ... -
Motions to Televise Oral Argument in Klayman v. Obama
Last week appellees in Klayman v. Obama filed a motion for the court's leave to televise the oral argument, scheduled for November 4, 2014. The D.C. -
The Administration Should Explain Its International Legal Basis to Attack ISIL in Syria
Over the last several days, Administration officials have tried valiantly to explain the Administration’s surprising 11th hour discovery that the 2001 AUMF and indeed the 2002 AUMF provide a domestic law... -
Obama Administration Claims that 2002 Iraq Resolution is a Legal Basis for Air Strikes Against the Islamic State [UPDATED]
I always thought the 2002 AUMF was an obvious basis for air strikes against the Islamic State, easily in Iraq and possibly (given the right circumstances) in Syria. Today Charlie Savage reports that “th... -
We are (or Will Soon Be) at War With the Islamic State
Secretary of State Kerry said yesterday: We're engaged in a major counterterrorism operation [against the Islamic State], and it's going to be a long-term counterterrorism operation. I think war is the ... -
Further Reflections on the Legal Rationale For Using Force Against the Islamic State
The War Powers Resolution's strongest impact? -
In Re Directives Documents Released
-
President Obama’s Astonishing War Powers Legacy
That is the topic of my essay at Time.com in reaction to the announcement yesterday that the Obama administration believes the 2001 AUMF authorizes force against the Islamic State today. The essay begin... -
ISIL as al Qaeda: Three Reactions
Like Bobby, Wells, and Ben, I, too, was surprised to discover that the Obama Administration's legal theory (for the moment) appears to be that the Islamic State of Iraq and the Levant (ISIL) can be targe... -
The 2001 AUMF: From Associated Forces to (Disassociated) Successor Forces
Like my colleagues Ben and Wells, I'm astonished to learn this evening that the Obama administration, having previously justified 140+ airstrikes against IS in Iraq on Article II grounds alone (at least ... -
The 2001 AUMF Covers 2014 Counterterrorism Operations Against ISIS?
What Ben said. I certainly can see why the executive branch would want to adopt a reading as aggressive as this one: it nips some War Powers Resolution questions in the bud, and helps to make it more l...
Topics
