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Administration Thoughts on the James Rosen Furor
An administration national security official writes in with the following thoughts on the furor over the warrant application against James Rosen of Fox News: There is a great deal of hyperventilation---m... -
DOJ Crosses New Line in Leak Investigation of Fox News Correspondent James Rosen
A few years ago I wrote an op-ed that gave these reasons (among others) why the USG should not prosecute Julian Assange for the WikiLeaks disclosures of State Department cables: A conviction [of Assange]... -
Carrie Cordero on AP Subpoenas
Carrie Cordero, Georgetown’s Director of National Security Studies and a former Justice Department official, writes in with these thoughts on the AP subpoenas controversy and background law: In light ... -
Congress Must Figure Out What Our Government Is Doing In The Name of the AUMF
A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats. Yesterday’... -
Explainer on the AP Subpoenas Controversy
It's been a rough week for the Obama Administration. In addition to outrage over IRS targeting of conservative groups and continued conspiratorial rumblings about the Administration's response to the Ben... -
The Washington Post, the AUMF, and Self-Defense
Ben quotes from this morning's Washington Post editorial on AUMF reform, the last two sentences of which assert that "Countering the jihadists with intelligence and law enforcement tools manifestly faile... -
After the AUMF, the Pithier Version...
For those who'd prefer the shorter version of Jen Daskal and my draft paper on life "After the AUMF," we've got a short op-ed out in today's New York Times with a far less alliterative title: "Don't Expa... -
Daskal and Vladeck Working Paper on "After the AUMF"
In advance of Thursday's Senate Armed Services Committee hearing on the 2001 Authorization for the Use of Military Force (AUMF), Jen Daskal and I have expanded upon our exchanges with Bobby, Jack, Matt, ... -
AP: DOJ Secretly Obtained AP Reporters' Phone Call Records
So we learn from this Associated Press story. It hints that the records' acquisition may stem from a DOJ inquiry into the disclosure, last year, of classified material to the AP---regarding the CIA's di... -
Cert. Denied in <em>Ali</em> Court-Martial Case
Not for the first time, and certainly not for the last, it appears that the Supreme Court disagrees with me--and doesn't think the constitutionality of courts-martial for civilian contractors is worth it... -
Harold Koh on What Would Al Gore Do?
From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sa... -
Harold Koh Identifies Another Big Difference Between the Bush and Obama Administrations
From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl...
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