-
Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, ...
-
It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threa...
-
-
In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future a...
-
The more I reflect on last week's drone contretemps--and what effect the efforts of Senator Paul and his followers has had / may still have on U.S. policy--the more I have a profound and distressing sens...
-
Josh Gerstein of Politico is reporting:
A group has posted audio online of Bradley Manning’s speech to a military court in Fort Meade explaining his decision to release classified military information to...
-
Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...
-
The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances. The debate up t...
-
Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o...
-
While some other stuff was going on yesterday, my friend Lindsay Harrison at Jenner & Block and I filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers and in support of...
-
Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St...
-
Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists' Secrecy News) that may be of interest to Lawfare readers.