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2001 and 2002 AUMFs as Basis for Iraq Strikes?
Various reports of the President’s meeting with congressional leaders (e.g here and here – note especially Pelosi’s comments) suggest that the administration believes that the 2001 AUMF (post-9/11) and t... -
Civilian Trial is the Only Option for Abu Khattala
Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court. “Ahmed Abu Khattala should be held at Guantanamo as a potential en... -
No Airstrikes in Iraq for the Moment...But Perhaps a Combat-Support Mission for SOF?
An important story tonight in the Wall Street Journal, outlining the first fruits of the Obama administration's review of its options vis-a-vis Iraq and ISIS: The White House and Pentagon now hold a mor... -
As of Yesterday, As Many As 275 U.S. Armed Forces Personnel Are Deploying to Iraq
Such is the import of this letter, sent today by President Obama to the Speaker of the House. The letter says, in pertinent part: Dear Mr. Speaker: (Dear Mr. President:) Starting on June 15, 2014, up t... -
The Relatively Weak Article II Basis for Bombing Iraq and Syria (and, Remember the President’s August 31, 2013 Speech?)
I explained yesterday why I believe the administration has a straightforward argument for relying on the 2002 Iraq AUMF if it chooses to use force against ISIS in Iraq. (Bobby and Wells disagree, and th... -
Air Strikes and ISIS: A Quick Review of the Article II, 2001 AUMF, and 2002 AUMF Arguments
Today President Obama ruled out sending ground forces back into Iraq, but he pointedly did not rule out the direct use of U.S. air power in kinetic operations against ISIS. The President explained that h... -
Congressional Intent, the 2002 AUMF, and ISIS
Jack's reading of the 2002 AUMF is more than plausible. And I wouldn't be surprised if the executive branch adopted that reading, in searching out a statutory basis for military action against ISIS. -
Carrie Cordero's Contribution to Cato Unbound Snowden Discussion
The other day, I linked to the first two contributions to Cato Unbound's forum, “The Snowden Files: One Year Later.” Now Carrie Cordero has added an essay, which opens: There is no -
The 2002 Iraq AUMF Almost Certainly Authorizes the President to Use Force Today in Iraq (and Might Authorize the Use of Force in Syria) [UPDATED]
Following up on a parenthetical near the end of my last post, the 2002 Iraq AUMF states in part: “The President is authorized to use the Armed Forces of the United States as he determines to be necessar... -
The Unreality of “Ending the War”
The march of ISIS across Iraq (and in Syria), and the Obama administration’s scramble to react to it, and the new round of drone strikes in Pakistan, and continuing and growing Islamist terrorist threats... -
Cato Unbound Exchange on "The Snowden Files: One Year Later"
The Cato Institute is hosting an online exchange entitled "The Snowden Files: One Year Later." The lead essay, by Cato's Julian Sanchez, opens as follows: America’s first real debate about the 21st cent... -
Why Does the Omniscient Panopticon Tolerate Glenn Greenwald?
If you believe Glenn Greenwald's new book (which I reviewed here), the NSA's appetite for gobbling up communications is unlimited. Legal controls on its behavior are trivial. Its much-repeated claim that...
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