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Two weeks ago, I had a few posts discussing the scope of detention authority authorized under section 1031 of the then-pending SASC version of the NDAA, in response to Steve Vladeck's concern that the la...
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On Tuesday, the Senate Armed Services Committee passed a new version of the controversial detainee provisions to be included in the National Defense Authorization Act for FY ’12. The text is here, thanks...
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David Cole has this very thoughtful essay on the Anwar Al Aulaqi killing in the New York Review of Books--a very thoughtful essay with a rather loaded opening. Cole's first sentence asks, "When can the p...
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Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and...
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Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti...
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In a post on the American Constitution Society's blog, Steve Vladeck takes aim at section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. If you'...
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Mark Erickson, who blogs under the most-unfortunate handle Norwegian Shooter, recently published some correspondence with me concerning his claim that the reported OLC memo reflects Lord Acton-style corr...
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Adding to this year’s judicial cornucopia of Alien Tort Statute decisions on corporate liability, on Tuesday an en banc Ninth Circuit released its long-awaited decision in the even longer-running (eleven...
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Yesterday Harper’s ran a piece by Daniel Swift on drones, criticizing the extensive but selective leaking of details about the CIA drone program. It’s a fair point, resonating with Ken Anderson’s concer...
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The Washington Post has a story this afternoon in which the Air Force confirms that it is operating armed Reaper drones out of a particular location in Ethiopia. It is an interesting contribution to the...
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Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint...
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Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli...