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Tag Archives: Barack Obama

Why the President Should Seek Congressional Authorization for the Use of Force Against The Islamic State [UPDATE on War Powers Resolution]

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Friday, August 22, 2014 at 9:10 AM

A few days ago I discussed why President Obama is shying away from seeking congressional authorization to use force against The Islamic State (IS, or ISIS, or ISIL).  But as the aims and scope of U.S. military involvement against IS expand on a daily basis, the case for the President getting Congress formally on board . . .
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So Where Do War Powers Reports Come From?

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Tuesday, August 19, 2014 at 11:26 PM

Over the last nine weeks, President Obama has sent five war powers notices to Congress in what may be the most concentrated period of Presidential war powers reporting in history.  These notices include four notices regarding Iraq (on June 16 and June 30, and August 8 and 17) and one notice regarding Libya (on July 27). So, . . .
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Obama’s Foreign Policy and the Nirvana Fallacy

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Wednesday, August 13, 2014 at 1:03 PM

President Obama’s foreign policy appears in shambles.  Many of his major decisions – decisions to act, and not to act – seem to have turned out badly.  To take a few examples of prominent criticisms: If the President had not intervened in Libya, we would not now face the large terrorist threats and related disorder . . .
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The Case for Seeking Congressional Authorization for Iraq Strikes Just Grew Stronger

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Saturday, August 9, 2014 at 12:28 PM

In his WPR notification yesterday, President Obama stated that military operations in Iraq “will be limited in their scope and duration.”   But today, according to the NYT, President Obama “sought to prepare Americans for an extended presence in the skies over Iraq, telling reporters on Saturday that the airstrikes he ordered this week could go on . . .
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President Obama’s War Powers Letter to Congress on Iraq

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Saturday, August 9, 2014 at 9:56 AM

Here is the letter.  Two points of note. First, the President makes clear that he is authorizing military force in Iraq “pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive.”  This is a standard formulation in this context for inherent Article II power.  The President is not . . .
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The Case for Seeking Congressional Authorization for the Iraq Strikes – Made by President Obama

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Friday, August 8, 2014 at 8:16 PM

It is pretty clear that President Obama today relied on Article II to attack the Islamist State (IS) in Iraq.  I have addressed the legality of such unilateral military action here and here.  I have also argued that the 2002 AUMF could be used as a basis for attacks in Iraq now.  But the administration appears . . .
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U.S. Air Strikes in Iraq Begin

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Friday, August 8, 2014 at 9:44 AM

The Pentagon tweets that the U.S. military has begun airstrikes against Islamic State (IS) positions in Iraq.  Precisely, force has been deployed against IS artillery that was used “against Kurdish forces defending Erbil, near US personnel.”  I have not yet seen a clear explanation of the domestic legal basis for the strikes, but the mention . . .
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The Administration Needs a Confirmed Legal Adviser

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Monday, July 28, 2014 at 10:25 AM

Six months ago today, I wondered aloud on this blog when President Obama might nominate a new Legal Adviser.   At that point, the position had been vacant for over a year since Harold Koh stepped down in January 2013.  The Administration has now been without a Legal Adviser and the Legal Adviser’s office has been . . .
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Holder on “Something That Gives Us Really Extreme, Extreme Concern”

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Sunday, July 13, 2014 at 2:01 PM

President Obama, in his NDU speech last year, stated: “[T]his war, like all wars, must end.  That’s what history advises.  That’s what our democracy demands.” Attorney General Holder, in a conversation today (scroll down) with Pierre Thomas on ABC’s “This Week” about the threat from Americans and Europeans in Syria, stated: HOLDER: “In some ways, it’s more frightening . . .
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Obama’s Blueprint for Fighting Terrorism Collides With Reality in Iraq

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Friday, July 4, 2014 at 8:42 AM

That is the title of a NYT story this morning by Landler, Gordon, and Mazzetti.  The “Blueprint” they have in mind is the one the President laid out at West Point, which (in their words) “relies less on American soldiers . . . and more on training troops in countries where those threats had taken . . .
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Whence Imminence in that Drone Memo? A Puzzle and a Theory

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Tuesday, June 24, 2014 at 11:19 AM

On May 27, a unanimous Supreme Court—to little notice from just about anyone—handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a high-speed car chase. Donald Rickard had led police in Arkansas on a highway chase, at the end of which officers shot him and . . .
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Statement by the President on Iraq

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Friday, June 13, 2014 at 2:34 PM

Ben posted the video of his remarks and the short Q and A that followed. Here is the transcript: THE PRESIDENT:  Good morning, everybody.  I wanted to take some time to give you a quick update about the situation in Iraq. Yesterday, I convened a meeting with my National Security Council to discuss the situation . . .
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President Obama to Issue a Statement on Iraq

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Friday, June 13, 2014 at 11:38 AM

Here it is:

The Unreality of “Ending the War”

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Friday, June 13, 2014 at 10:32 AM

The march of ISIS across Iraq (and in Syria), and the Obama administration’s scramble to react to it, and the new round of drone strikes in Pakistan, and continuing and growing Islamist terrorist threats from North Africa to Yemen to Afghanistan and many places in between, all got me thinking about President Obama’s NDU speech . . .
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The Bergdahl Swap: Who Kicked Off the “Political Football” Game?

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Friday, June 6, 2014 at 10:23 AM

President Obama complained yesterday that Sergeant Bergdahl is “not a political football.”   That should be true, but unfortunately President Obama is responsible for kicking off the football game by announcing the Taliban-Bergdahl swap in a Rose Garden appearance, rather than leaving the announcement to Secretary Hagel and Chairman Dempsey.  The White House should not be . . .
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Vice-President Cheney’s Funny Criticism of President Obama for Not Complying with the GTMO Notice Requirement

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Wednesday, June 4, 2014 at 4:46 PM

I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDAA about the Bergdahl swap.  Ingraham complained about the failure of members of Congress to stand up to “the flouting of American law,” including the “failure . . .
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The Administration’s New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers

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Tuesday, June 3, 2014 at 11:04 AM

The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds.  It is now claiming, as Marty Lederman notes, that it complied with the statute because it determined “that the notification requirement should be construed not to . . .
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The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl

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Monday, June 2, 2014 at 1:03 PM

Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Defense Secretary to “transfer or release any individual detained at Guantanamo” if he makes certain certain determinations, and it further requires without exception that the . . .
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Relevant Excerpts from President Obama’s West Point Speech

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Wednesday, May 28, 2014 at 1:12 PM

Not a lot in President Obama’s West Point speech that is new on Lawfare-related matters. Here are key excerpts. On broad counterterrorism strategy: First, let me repeat a principle I put forward at the outset of my presidency: The United States will use military force, unilaterally if necessary, when our core interests demand it — when . . .
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The Effect of the Proposed Repeal of the 2002 Iraq AUMF

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Friday, January 10, 2014 at 3:07 PM

The Washington Post reports that Senator Paul “plans to introduce legislation to repeal the use-of-force resolution that paved the way for the Iraq war,” and notes that President Obama supports the repeal of the Iraq AUMF.  The 2002 Iraq AUMF authorizes the President to use necessary and appropriate force to “(1) defend the national security . . .
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