First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site. We are likely soon to get a test of how seriously Congress takes all of the War Powers R...

Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other...

Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.”  I usual...

As Ben notes below, the Khairkhwa decision draws attention to the question whether the substantive scope of detention authority under the AUMF should be construed to extend to a person who is a member of...

I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of...

Last Friday I speculated on why Legal Advisor Harold Koh, a leading academic critic of presidential war unilateralism, supported President Obama’s constitutional arguments for the Libya intervention, as ...

The Anti-Libya Bill the House of Representatives will consider is here.  The Bill would cut off all funds for the Libya intervention except for specified support operations.  Unlike the Resolution floate...

I realize that the two Libya Resolutions being considered in the House are more for political than legal effect, but the Resolution that seeks to check the President's Libya intervention is an especially...

Lawfare readers may be interested in reading the two competing resolutions under consideration in the House this week. The first is a resolution requiring the President to withdraw U.S. forces from comb...

The invaluable Steve Aftergood, over at Secrecy News, is reporting: Attorneys for New York Times reporter James Risen yesterday asked a court to quash a subpoena requiring him to testify in the case of f...

Senators Kerry and McCain, and eight other prominent Senators, introduced a Resolution on Libya today.  The Resolution authorizes the President “to continue the limited use of the United States Armed For...

President Obama is in a legal and political pickle concerning his unilateral intervention in Libya.  The mission is much harder than he anticipated, and it has taken much longer (months, not days) than h...