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Yesterday I noted that a series of recent news articles suggest that only the CIA can lawfully conduct strikes without the host-state's consent, and that this is one reason (in addition to various policy...
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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...
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A series of articles over the past few days have discussed plans for the CIA to operate armed drones in Yemen, where U.S. armed forces already have been using lethal force against AQAP targets (cruise mi...
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Charlie Savage at the NY Times has just reported that the White House is today providing Congress with information on ongoing operations in Libya, including an explanation of the Administration's positio...
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At this hour, I am participating in a briefing for the House Armed Service Subcommittee on Oversight and Investigations concerning transfers of Guantanamo detainees to Yemen. Brookings has posted my writ...
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Dennis Kucinich, Ron Paul, and eight other members of the House of Representatives have sued the President for injunctive and declaratory relief in connection with the President’s alleged violations of t...
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The appellant's reply brief is now available for Suleiman v. Obama. Petitioner Abdulrahman Suleiman challenges Judge Reggie Walton’s July 2010 decision denying him the writ of habeas corpus.
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Today House Speaker John Boehner sent President Obama a letter charging that next Sunday, which will mark 90 days after the Libya intervention began, “the Administration will be in violation of the War P...
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The Australian newspaper is reporting that three of the Guantanamo Uighurs sent to Palau from Guantanamo have applied for Australian residency permits:
THREE Chinese Uighurs who were for years detaine...
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The killing of Fazul Abdullah Mohammed by Somalian soldiers this weekend provides yet another occasion to note the difficult scope issues that arise under the 9/18/01 AUMF (or, if you prefer, under the P...
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Mark Mazzetti has a very important story in the Times noting that, far from backing away from using lethal force against AQAP targets in Yemen during this time of political instability, the US has steppe...