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 »
As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule for the detention of U.S. citizens and … Read more »
I don’t have a lot to add to Ben’s analysis of Judge Forrest’s decision yesterday in Hedges v. Obama, permanently enjoining section 1021(b)(2) of the FY2012 NDAA (Just to refresh our memories, that section authorizes the detention of “A … Read more »
Marty Lederman has a post defending the Obama administration in connection with this NYT story, but I think he overreacts.
Marty claims that the story by Charlie Savage contributes to the “common but flawed ‘convergence’ narrative” that “President Obama has … Read more »
Peter Margulies’s reporting on AALS panels continues with this dispatch:
Libya and Presidential Power
Presidential war powers were debated at the AALS conference that spurred my recent posts on detention and military commissions. The Libyan intervention elicited disagreement peeking
Here is Part II of Peter Margulies’s reporting from AALS:
AALS Federal Courts Debate II: Military Commissions and Material Support
The lively federal courts panel at the American Association of Law Schools conference also sparked disagreement on trials in military
Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first:
Federal Courts and National Security: A D.C. Circuit
In my haste to survey the NSL-related panels at this week’s AALS Annual Meeting, I missed one of the “Hot Topics” sessions–a plenary discussion of “Political Crises and Constitutionalism: War,” with a special focus on the use of force … Read more »
By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that … Read more »
By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President … 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 »
As you may recall, federal prosecutors in July charged Emerson Begolly with offenses including (i) solicitation based on online posts encouraging readers to attack Americans and (ii) the provision of instructions for making an explosive device based on material he … Read more »
Marty Lederman has a terrific post exploring in more detail the First Amendment issues raised by the Begolly indictment. It’s a must-read if you are interested in the prospects for prosecuting those who advocate terrorism in a generalized manner or … Read more »
Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday.
Lederman points out that the first of Lugar’s amendments would legally restrict the use … Read more »
Further to this post on the President’s letter to Congress (and its significance in light of the War Powers Resolution, or “WPR”), here are two recent and quite post-worthy developments regarding military action in Libya. First up is a letter … Read more »
I join Ben in welcoming Marty Lederman back to blogging. His initial post–parsing both international and domestic legal issues relating to the UBL operation–is typically thorough and insightful (not to mention generally correct). Because it is a long post, … Read more »
I awoke this morning to excellent news: Marty Lederman, with this post over at Balkinization and this post at SCOTUSblog, has returned to the blogosphere.
Marty, for those Lawfare readers who do not know his work, had to suspend his … Read more »
Wednesday, May 22, 2013
In one of the strangest stories I’ve come across in a long time—and there have been many—news reports say an FBI agent shot and killed an Orlando man with ties to deceased Boston bombing suspect Tamerlan Tsarnaev. Ibragim Todashev was not suspected of playing a role in the bombings, but, during questioning, confessed nevertheless to playing a role in a triple homicide in the Boston area. After his confession, Todashev allegedly… Read more »
