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The Administration's Strategic Errors--And Some Free Advice
As things stand now, the National Defense Authorization Act could end up being a disaster for the Obama administration on detainee matters. Much of the fault for this lies with Congress, a bipartisan maj... -
Marty Lederman's analysis of Lugar amendment to Kerry-McCain resolution
Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. Lederman points ou... -
What Would We Do With Detainees Captured Outside Afghanistan? Must-Read Testimony from McRaven and Allen on Counterterrorism Policy
[UPDATE: See here for a clarification; contrary to my original read below, it appears Admiral McRaven did not mean for the list of disposition options to refer to non-AUMF scenarios] While many eyes were... -
Posner and Vermeule on OLC and Libya
Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution. The thrust of their argument, ... -
Koh's Written Testimony on the WPR: Arguably Defeating the Section 8(c) Argument, but Struggling with the "Armed Conflict=Hostilities" Argument
Harold Koh's written testimony in connection with today's SFRC hearing on the WPR and Libya is now available. -
An Overview of Harold Koh's Testimony on the WPR at Today's SFRC Hearing
For the benefit of those who could not watch the SFRC hearing this morning on Libya and the WPR, here are highlights from the oral testimony from State Department Legal Advisor Harold Koh (the written te... -
Peter Margulies on Koh on the WPR (at the Naval War College Last Week)
The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st... -
Must-See TV War Powers Edition: Koh Testifying Before SFRC Tuesday Morning at 10 Eastern
Well, this is going to be interesting, and probably more than a little tense. State Department Legal Advisor Harold Koh will testify tomorrow morning, at 10 eastern (in theory), before the Senate Foreig... -
David Remes on NDAA Transfer Provisions
Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language: From my standpoint as a Guantánamo habeas lawyer, the detainee tran... -
Trevor Morrison on Senate NDAA Language
Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ... -
Senate NDAA Thought #2
My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a... -
Senate NDAA Thought #1
The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...
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