Recent Articles
Secretary Kerry on the relationship between the 2001 and ISIL AUMFs
Last month, I wrote that “[a]ssuming the President and Congress mean for [the Administration’s draft] AUMF to impose limits on the President’s authority–including,…
News Roundup and Notes: March 12, 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 President…
Travel Bans and Due Regard: The UK’s New Counter-Terrorism and Security Act
On Feb. 12, 2015, the Counter-Terrorism and Security Act 2015 (CTSA) received Royal Assent and many provisions are already in force. The full version is available here. The…
The case for the President’s unilateral authority to conclude the impending Iran deal is easy because it will (likely) be a nonbinding agreement under international law
[Cross-posted at Lawfare.] In Marty’s post yesterday about the letter that 47 Senators sent to “the Leaders of the Islamic Republic of Iran,” he briefly addressed…
News Roundup and Notes: March 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 Iraqi security…
The Cotton letter . . . and the Vice President’s response
I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…
Legal Flaws in the 47 Senators’ Letter to Iran
Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…
Wikimedia Sues the NSA
This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…
Microsoft Case: The Government Responds, But Fails to Convince
The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
News Roundup and Notes: March 10, 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. IRAN NUCLEAR TALKS A group…
National Security-Related Congressional Hearings, March 9–13
Below is a calendar of Congressional hearings on national security matters for this week. There are no House hearings scheduled this week and many representatives will back…
US Government Makes Slight Concession in Twitter’s Warrant-Canary Suit
The US government last week conceded for the first time that some companies have the right to publish so called “warrant canaries” in a new filing supporting its partial motion…