War Powers

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War Powers

War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners

Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region.  The episode raises important questions under the U.N. Charter (see Adil Ahmad Haque’s analysis here).  But what about U.S. domestic law?  

Executive Power

Kaine and Schiff Seek White House Legal Analysis on Syria Strikes

Senator Tim Kaine (D-VA) and Representative Adam Schiff (D-CA) have sent a letter to President Trump requesting information on the administration's domestic legal justification for the recent airstrikes in Syria, "in particular an explanation of whether this action expands ... precedents for action under Article II." The letter is available here and below.

International Law

The Obama Administration’s Views on the Legality of Intervention in Syria Without Congressional or U.N. Security Council Support

The Obama administration's lawyers concluded that intervention in Syria aganist Assad would be lawful under domestic and international law. But whether they were right may matter less than that Clinton is leading the presidential polls and that her former State Department lawyer has robust views about the president’s power of unilateral humanitarian intervention. 

International Law

The Obama Legal Team and the Lawfulness of Attacking Assad

Prompted by the “dissent memo” signed by 51 career State Department diplomats, several prominent law professors are debating the Obama administration's internal deliberations about the legality of intervention in Syria against Assad. But I don’t think the debate has perfectly reflected what my reporting showed.

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