Steve has responded to my post on Harold Koh’s sudden discovery of inviolable commander in chief powers. He asks me two questions, which I address below:
There’s been a fair amount of buzz over the past few days centered around the idea of a statutory “drone court”–a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (presumably) provide at least some modicum of due … Read more »
Memo to Eric Holder and President Obama: Next time you decide to break big news on a Friday afternoon, can you please check with me to make sure I’m not getting on a 24 hour flight first? It seemed like … Read more »
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 corruption on the part of its authors. Erickson–who, to be fair, he … Read more »
Reading the blogs today, you might think Marty Lederman and David Barron had gotten deeply in touch with their inner John Yoo when they wrote the Al-Aulaqi memo. Spencer Ackerman, to cite a typical example, puts it this way:… Read more »
I was planning to write a piece this morning pointing out that Charlie Savage’s story–to which I linked last night and which describes in some detail the legal rationale in the OLC opinion authorizing the Al-Aulaqi strike–actually heightens the … Read more »
Prof. David Barron kicks off the last panel discussion of the conference, focusing on the Presidency in the Post-9/11 World. He begins by noting that it is not surprising that a serious national security crisis will change the presidency. Second, … Read more »
The Harvard National Security Journal has just posted a very interesting essay by Steven Bradbury entitled The Developing Legal Framework for Defensive and Offensive Cyber Operations. (Steve was my successor in running the Office of Legal Counsel for the … Read more »
Monday, June 17, 2013
As John noted over the weekend, Clifford Sloan has been selected as the Department of State’s envoy for closing the GTMO detention center. Here are the Washington Post story and Politico story on the decision.
The Guardian has released yet another wave of classified materials, this time from the British agency GCHQ. They indicate that foreign government officials’ communications were monitored during international conferences.… Read more »
