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The President Has No Congressional Authorization to Use Force against ISIS in Iraq

Earlier this week, Jen Daskal, Steve Vladeck and I wrote a post explaining why the 2002 Authorization for Use of Military Force against Iraq clearly does not apply to ISIS in Iraq…
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The Legal Basis for the Abu Khattalah Capture

The capture of Ahmed Abu Khattalah was performed by a joint group of FBI agents and U.S. Special Operations forces.  A New York Times story reported an official as saying that…
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News Roundup and Notes: June 19, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. Iraq The Independent (Patrick…
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Recommended Afternoon Reading

Here are a few recommended good reads to add to your afternoon reading list: Yesterday on the tenth anniversary of the first drone strike in Pakistan, The Bureau of Investigative…
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A Few Good Afternoon Reads

This afternoon, we bring you a few choice reads from across the blogosphere and other online media outlets: On Opinio Juris, Deborah Pearlstein adds to the debate regarding…
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10 Years of Drone Strikes in Pakistan–but do you know whether it’s an “area of active hostilities”?

Today marks the ten-year anniversary of the first reported US drone strike in Pakistan (punctuated by another one today). Yet there is still official silence about a crucial…
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News Roundup and Notes: June 18, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.  U.S. captures Ahmed Abu…
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Meshal: The Last, Best Hope for National Security Bivens Claims?

Last Friday, Judge Sullivan (D.D.C.) dismissed Meshal v. Higgenbotham, a long-outstanding Bivens suit brought by a U.S. citizen who alleged that, while travelling in the Horn…
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U.S. Captures Suspected Benghazi “Ringleader” Ahmed abu Khattalah

The breaking news this morning is that the U.S. Special Ops forces have captured Ahmed Abu Khattala, a suspected ringleader of the 2012 attack in Benghazi, Libya.  Government…
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The Premature Discussion of ISIS and the 2001/2002 AUMFs

Our friends over at Lawfare have been pondering what the legal authority might be for the President to order air strikes against ISIS in Iraq and/or Syria.  Such speculation is…
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News Roundup and Notes: June 17, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.  Iraq Iraqi forces are…
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Secrecy and Security: Guardian News vs. AB, CD

As summarised in an earlier post, last week the English Court of Appeal (Criminal Division) gave its decision in Guardian News and Media Ltd v AB and CD (“the Decision”). As…
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