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The Naked AUMF
A quick thought in response to the very interesting exchange underway between Ben and Kevin (the most recent contribution to it is here). In an update to an earlier post, Kevin writes: Ben is quite righ... -
Koh on the Constitutionality of WPR 60-Day Clock
In the aftermath of Harold Koh's testimony before the Senate Foreign Relations Committee a few weeks ago, Senator Lugar sent a set of QFRs (Questions for the Record) that raised a number of interesting q... -
Does Rasul Control as to Proxy Detention in Somalia?
In response to my post yesterday about looming habeas litigation alleging that the U.S. -
French Parliament Endorses Continued Operations in Libya
This afternoon, NPR and France 24 reported on two significant events regarding Libya. First, Gadhafi may be ready to leave the country, and his representatives have sought negotiations regarding the mec... -
Administration Officials: Not at War with All of al Shabab, But Questions Remain
Charlie Savage has an important piece regarding the Obama Administration's position on the scope of its authority under the AUMF, as it relates to al Shabab. Quoting anonymous senior administration offi... -
Further Thoughts from Trevor Morrison Regarding OLC, and Comments from Dawn Johnsen
A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate. An expanded and updated version of that paper is now available here at Harvard Law Rev... -
Ahmed Warsame and Law of War Detention
What was the legal theory supporting the two-month period of military detention for Ahmed Warsame, preceding his arrival in the United States? White House Spokesman Jay Carney had the following to say t... -
Warsame and the Obstacles Associated with the Military Commission Option in this Particular Instance
One line of criticism emerging this morning in relation to the Ahmed Warsame situation is the argument that Warsame should be tried by military commission rather than in a civilian court. Ben nails it h... -
Warsame: An Emerging New Model for Terrorism Cases?
As Bobby notes, the recently announced criminal prosecution of Ahmed Abdulkadir Warsame, captured overseas almost three months ago by U.S. military forces, could be an important test of an emerging hybri... -
Clarification on Admiral McRaven's Testimony: Probably Not Intended to Speak to Non-AUMF Scenarios
Last week I posted about testmony from Admiral McRaven and General Allen concerning the lack of U.S.-controlled detention option in a world in which the executive branch does not want to see anyone broug... -
Should Legislation Clarify that Detention Authority Vis-a-Vis Al Qaeda Extends Beyond the End of Combat Operations In Afghanistan? Or Should We Leave That to GTMO Habeas Round Two, Circa 2013 or So?
Deborah Pearlstein and Ben have been exchanging posts in relation to the pending NDAA legislation and detention authority issues. One passage in the exchange struck me as particularly significant. Deb ... -
JSOC Drone Strike on al-Shabab in Somalia and the Underlying War Powers Issue
The Washington Post reports this morning that JSOC recently carried out a drone strike in Somalia, targeting two al-Shabab leaders. The piece emphasizes that the Administration has recently highlighted ...
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