Recent Articles
Why should the Constitution require Article III courts for criminal trials of federal offenses?
[UPDATED for clarification.] Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
National Security-Related Congressional Hearings, December 14–17
Below is a calendar of congressional hearings on national security matters for this week. It’s a slow week in Congress as the committees wrap up last-minute business before…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
News Roundup and Notes: December 14, 2015
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 and SYRIA Airstrikes…
The last-minute “correction” that might have saved the Paris climate accord
Back in March, in connection with the then-not-finalized Joint Comprehensive Plan of Action regarding Iranian nuclear capabilities, Jack Goldsmith and I explained the critical…
Recap of Recent Posts at Just Security (December 5–11)
I. The Islamic State & Military Action Jonathan Horowitz, Guest Post: A Legal Map of Airstrikes in Syria (Part 1) (Monday, December 7) Jonathan Horowitz, Guest Post: A Legal…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?
I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?
Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…
News Roundup and Notes: December 11, 2015
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 and SYRIA Syrian opposition…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
On Human Rights Day, One Year On: No Apology and No Accountability for US Torture
A year ago yesterday, the Senate Select Committee on Intelligence released a redacted version of the executive summary of its exhaustive report on the CIA’s detention and interrogation…