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More on CIA Drone Strikes, Covert Action, TMA, and the Fifth Function
Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes. -
CIA Drone Strikes and the Public Authority Justification
In a pair of posts (here and here), Kevin Heller at Opinio Juris explores a very interesting question: What exactly is the domestic legal foundation for the CIA’s use of lethal force given that the 2001 ... -
NSA's Anne Neuberger Speaks at Long Now Foundation
The National Security Agency's Anne Neuberger, the director of the NSA’s Commercial Solutions Center, gave this seminar recently at the Long Now Foundation. Full video is available at the web site. Here'... -
A New Drone Strike in Somalia: Is the 2001 AUMF Needed?
To the best of my knowledge, the U.S. government has not asserted that al Shabaab as a whole is an associated force of al Qaeda engaged in hostilities against the United States subject to the 2001 AUMF. ... -
A New Tactic to Avoid War Powers Resolution Time Limits?
President Obama appears to be trying a new method to avoid the 60-day War Powers Resolution Clock for U.S. operations. -
The Case for a Broader ISIS AUMF
Like all red-blooded national security law nerds, I have been following Jack's excellent posts over the past week on the politics and the advisability of a potential ISIS AUMF---the last of which post, w... -
A Politically Palatable Authorization to Use Force Against IS [UPDATED]
One senses growing pressure, within and without the White House, for the President to seek authorization from Congress for what he and his aides say will be a long battle against the Islamic State (IS). ... -
U.S. Airstrikes Against ISIS in Syria? Possible International Legal Theories
In the wake of Thursday’s statements by Joint Chiefs Chairman Martin Dempsey and Friday’s comments by Deputy National Security Adviser Ben Rhodes, it sounds like the U.S. Government is at least consideri... -
Squaring a New AUMF for ISIL with the President's NDU Speech...
As Bobby has noted, Karen DeYoung of the Washington Post is reporting that the Administration is now considering more seriously whether to ask Congress for authorization to use military force against the... -
An AUMF for ISIL At Last? Questions Raised by the Post's Account of the White House Debate
The Washington Post reports tonight that the White House is actively considering whether to go to Congress to seek an explicit authorization to use force against ISIL. -
Fence-Sitting and War Powers Reforms
Mention of politics, war powers, and legislative authorization to use further force in Iraq, reminds me: whatever happened with the War Powers Consultation Act of 2014 (“WPCA”), put forth by Senators Kai... -
Why the President Should Seek Congressional Authorization for the Use of Force Against The Islamic State [UPDATE on War Powers Resolution]
A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL). But as the aims and scope of U.S. mi...
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