Latest in Executive Branch
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Office of Legal Counsel Opinion on Libya Intervention
The Justice Department’s Office of Legal Counsel has just published its opinion in support of its view that “the President had constitutional authority, as Commander in Chief and Chief Executive and purs... -
New Penalties for Leakers?
Steve Aftergood is reporting at Secrecy News: The Senate Intelligence Committee is proposing to punish leaks of classified information by authorizing intelligence agencies to seize the pension benefits o... -
Databuse and the Mosaic
As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person... -
Senator Rand Paul’s Impish Amendment
Senator Rand Paul has attached the following Amendment to S. -
The Libya Intervention as Precedent
President Obama’s speech was a full-throated defense of his deployment of U.S. -
Harold Koh on the Legality of the Libya Intervention
Koh said the intervention is legal under UNSCR 1973, and that the administration had complied with the WPR. -
Libya - Advice to Congress
In the last few days several smart people have disagreed with my argument in favor of the constitutionality of the Libya intervention. This is a perennial debate that arises every time the President thr... -
Two New CRS Reports on War
Courtesy of the invaluable Secrecy News: No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress Declarations of War and Authorizations for the Use of Military Force: Historical Bac... -
The Legal Reason Why the Obama Administration Won’t Call the Libya Action “War”
Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan... -
Is the Libyan Intervention “War”?
Charlie Savage reports that the Obama administration’s “legal team appears to be distinguishing between a full war and a more limited military operation, on the theory that the Libyan intervention falls ... -
Letter From the President to Congress re Libya Operations
Today President Obama sent this letter to Congress, “as part of [his] efforts to keep the Congress fully informed, consistent with the War Powers Resolution,” about the recent operations in Libya. After... -
Why the President’s Campaign in Libya is Constitutional
I make the case, mostly drawing on arguments previously made on this blog, in Slate. I also make the obvious point that just because it is lawful does not mean it is a good idea.
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