(Updated and extended.) The White Paper’s reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or bounds, etc. But it’s worth bearing in mind that there’s nothing new in … Read more »
The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v. United States. That case, which involves a criminal prosecution under the Chemical Weapons Convention Implementation Act, raises fundamental issues about the … Read more »
Lawfare readers might be interested to follow a Volokh Conspiracy online debate between Lawfare senior contributor/NYU professor Rick Pildes and Volokh blogger/Georgetown professor Nick Rosenkranz on whether a treaty can increase the legislative power of Congress. Rick is guest-posting at … Read more »
It’s that time of year…time for my annual round-up of national security-related offerings at the annual meeting of the Association of American Law Schools, which occurs in New Orleans this coming weekend. The offerings are a bit thinner in number … Read more »
A few months ago, New York University hosted a public debate on targeted killings among three of its prominent faculty members. The discussion, which is now available on video, involved Philip Alston, the UN’s Special Rapporteur on Extrajudicial, Summary, or … Read more »
The Keynote Address begins with a brief introduction from Jack. He notes that one thing extraordinary about Savage is his ability to extract information from government officials and the clarity with which he can describe and discuss complicated legal issues. … 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 »
Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to make war, how Chadha enhances these difficulties, and what to do about … Read more »
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 administration’s formal explanation of its compliance with the … Read more »
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 position as to why the continuation of the operation beyond … Read more »
Two quick thoughts in response to Jack’s post from early this morning:
First, it bears emphasis that the sort of policy creativity reflected in the dialog between Jack and Rick Pildes concerning options like fixed-length detention terms can only come … Read more »
I have argued that the Executive branch should rely on military detention, not trial, for the GTMO population. In practice, this is what the Obama and Bush administrations have been doing, with tiny exceptions, for almost nine years. And Judges … Read more »
I received some unsurprisingly heated reactions to my op-ed in Saturday’s New York Times, which argued that the government should give up on prosecuting Guantanamo detainees and simply hold them in military detention instead. (I have made versions of … Read more »
Tuesday, May 21, 2013
William P. Barr (former Attorney General), Jamie S. Gorelick (former Deputy AG), and Kenneth L. Wainstein (former Assistant AG for National Security) have this Times op-ed on the AP subpoena controversy. They write:
While neither we nor the critics know the circumstances behind the prosecutors’ decision to issue this subpoena, we do know from the government’s public disclosures that the prosecutors were right to investigate this leak
