Latest in Executive Branch
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Snowden Interview with James Bamford
Here's a lengthy interview with Edward Snowden by James Bamford in Wired. There's very little new in it---though some new details are in there about programs and activities that shocked Snowden while he ... -
Amicus Briefs Filed in Support of Appellees in Klayman v. Obama
Yesterday two amicus briefs were filed on behalf of the appellees in Klayman v. Obama, the bulk metadata case up on appeal in the D.C. Circuit. -
The Politics of War Powers in Iraq
The WSJ reports that the initial success of American airstrikes in Iraq is spurring a push for broader military engagement against the Islamic State (IS, or ISIS, or ISIL) in Iraq. Our deepening militar... -
So Where Do War Powers Reports Come From?
Over the last nine weeks, President Obama has sent five war powers notices to Congress in what may be the most concentrated period of Presidential war powers reporting in history. These notices include ... -
Article III and the <em>al Bahlul</em> Remand: The New, New NIMJ Amicus Brief
On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, mater... -
The Internet Metadata Memo: A Summary
There is much to pore over in last week’s release by the Director National Intelligence. Responding to FOIA litigation, the DNI’s office posted more than thirty legal filings and related documents bearin... -
Article II and Iraq: Justifications for the Mosul Dam Operation in the WPR Notification
In a very positive development, Iraqi and Pesh Merga forces are in the midst of what appears thusfar to be a successful joint operation to take back the Mosul Dam from ISIS fighters. But it's not just th... -
Plaintiffs file response in Klayman v. Obama
Yesterday plaintiffs-appellees filed their response in Klayman v. Obama, the Section 215 metadata collection case up on appeal in the D.C. Circuit. -
National Security Network Proposes Plan to Repeal AUMF
The National Security Network has released a new report entitled "Ending the Endless War: An Incremental Approach to Repealing the 2001 AUMF." The report suggests a series of measures to cap and eventual... -
The Case for Seeking Congressional Authorization for Iraq Strikes Just Grew Stronger
In his WPR notification yesterday, President Obama stated that military operations in Iraq “will be limited in their scope and duration.” But today, according to the NYT, President Obama “sought to pre... -
President Obama’s War Powers Letter to Congress on Iraq
Here is the letter. Two points of note. First, the President makes clear that he is authorizing military force in Iraq “pursuant to my constitutional authority to conduct U.S. foreign relations and as ... -
The Case for Seeking Congressional Authorization for the Iraq Strikes – Made by President Obama
It is pretty clear that President Obama today relied on Article II to attack the Islamist State (IS) in Iraq. I have addressed the legality of such unilateral military action here and here. I have also...
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