I have recently blogged about two issues:  whether congressional authorization is required as a constitutional matter for U.S.

Habeas lawyer David Remes just sent in the following: Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because...

National Public Radio has added its voice to that of the New York Times on the new Wikileaked Guantanamo files. NPR actually has a few stories, along with this database--done in conjunction with the Times.

The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya.  The focus on the detainees is agonizin...

Here is the statement by Pentagon spokesman Geoff Morrell and Ambassador Dan Fried, Special Envoy for Closure of the Guantanamo Detention Facility in response to the New York Times story to which I just ...

I can't fathom right now who should be most upset--the government or the detainee bar--by this story in the New York Times: WASHINGTON — A trove of more than 700 classified military documents provides ne...

In my discussion earlier this week of some of the problems with relying on historical practice to support a constitutional claim of presidential authority to initiate military operations without congress...

We at Duke University are initiating a year-long project  in which a number of us will be considering and discussing the relationship between law and custom.  In connection with that project, I have star...

Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention.  The conclusion (footnotes omitted): OL...

The United States is still bombing, under NATO command.  And Congress, which has not authorized this action, is still dithering.  If this pattern continues for another month (or two), the administration ...

OLC’s Libya memorandum (see here for Jack’s assessment, and here for a point-by-point overview) concludes as a matter of constitutional law that President Obama did not need approval from Congress in ord...

Further to Jack's post summarizing the OLC opinion on Libya, here is a point-by-point summary of the document's legal analysis (I agree very much with Jack's take on the implications of all this): 1.