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Islamic State Reconciling with Jabhat al-Nusra, and Strengthening President’s 2001 AUMF Argument
The Guardian reports that USG bombing of Jabhat al-Nusra, the al Qaeda group (or AQ-affiliated group) in Syria that has been at odds with the Islamic State for a year or so: Air strikes continued to targ... -
Update: UK Parliament Authorizes Airstrikes in Iraq
Debate has ended and the British Parliament has authorized airstrikes in Iraq by a vote of 524-43. -
The Obama Administration’s Legal Justification for Strikes Against the Islamic State In Syria
Based on comments from senior Obama administration officials who spoke on “the condition of anonymity,” Charlie Savage reports the Obama administration’s legal theory for the use of force against the Isl... -
DCCA: USG Must Respond to Detainees' Petition for En Banc Rehearing in <em>Hatim</em>
Now this is interesting. Last week, detainees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif together sought en banc rehearing in Hatim v. Obama, the so-called "counsel access" case... -
Are We Facing an ISIS Detention Mess?
Over at Newsweek, Jeff Stein wonders: "What Will U.S. Forces Do With ISIS Prisoners?" Among the many unresolved issues in the campaign to “degrade and destroy” ISIS, as it’s generally known, is what to ... -
Jason Leopold on the Samir Khan Case
Over at VICE News, reporter Jason Leopold has this very interesting story about the FBI investigation of Samir Khan, the AQAP propagandist and editor of Inspire magazine, who was killed in the strike aga... -
CRS Report on Major Court Rulings Concerning Enemy Combatant Detainees
The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings." The summary reads, in part: This report discusses majo... -
Ongoing "Covert" Training of Syrian Rebels: But Is It Still Covert . . . , And, If So, Why?
[Cross-Posted at Just Security] Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to "provide assistance, including training,... -
The Draft AUMFs for the Islamic State Do Not Limit Congressional Authorization on Ground Troops, or Geography, or Associated Forces
The two most promising Islamic State AUMFs I have seen are the one sponsored by Representative Schiff and the one sponsored by Senator Kaine. Both drafts, in different ways, purport to limit the authori... -
Government Files Response in Al Bahlul v. United States
Last month Guantanamo detainee Ali al Bahlul filed his opening brief in Al Bahlul v. United States, in a bid to overturn his conviction for conspiracy to commit war crimes, the single military commission... -
Too Soon to Assess the President's Invocation of the 2001 AUMF as to ISIS?
Over the past week there has been much talk about the President's invocation of the 2001 AUMF in connection with ISIS. Many (including me) expressed considerable surprise, and doubt, about the merits of ... -
8/15 Session: Hashing Out a Protective Order
Military judge J. Kirk Waits begins Monday's session in the military commission case against Hadi with some housekeeping matters: the detailing of a new member of the defense team, Lt. Col. Thomas Jasper...
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