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Charlie Savage reports this morning: “Since the United States handed control of the air war in Libya to NATO in early April, American warplanes have struck at Libyan air defenses about 60 times, and rem...
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I've written a relatively brief primer on the application of the War Powers Resolution "clock" to Operation Unified Protector (i.e., the war in Libya), and have posted it at Brookings. After detailed co...
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The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012.
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The president set aside the views of Defense Department and Justice Department lawyers on a critical War Powers Resolution question regarding U.S. operations in Libya.
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Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to mak...
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My analysis of the War Powers Resolution yesterday assumed, based on Charlie Savage’s story, that the only kinetic fire that U.S.
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Josh Rogin at The Cable reports that Senators Kerry and Lugar agree that there should be a Senate Foreign Relations Committee hearing on WPR compliance in relation to Libya. So many interesting possibili...
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Back in April, I posted this motion by habeas attorney David Remes in Paracha v. Obama, asking for the ability to access Wikileaked material like everyone else can. I had not noticed this response yester...
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Three somewhat broader thoughts in addition to this morning’s analysis:
1.
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I had thought that the WPR debate in regards to Libya would eventually be eclipsed by a vote on whether to provide supplemental funding to sustain continued operations. But that, it seems, won't happen....
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Richard Klingler, currently a partner at Sidley Austin and previously the NSC's Legal Advisor (2006-07), offers the following assessment of the Administration's WPR/Libya arguments (which can be found no...
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In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments.
Here is the a...