Authorization for Use of Military Force (AUMF)
252 Articles
Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain
If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…
Ongoing “Drone Strikes” in Yemen Raise Four Questions
From Saturday to Monday morning, the US has reportedly been carrying out a series of air strikes in Yemen, delivering multiple blows to Al Qaeda in the Arabian Peninsula (AQAP).…
Justice Breyer’s Concurrence in Hussain
As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…
Lethal Targeting of US Citizens: AP Report Raises More Questions Than Answers
In a highly provocative piece this morning, Kimberly Dozier writes that the Obama administration is weighing another drone strike against a U.S. citizen. That is obviously a…
U.S. Operations Against al-Shabaab/al-Qaeda: The Targeting of Godane
As Sarah Knuckey’s post explains, CNN is reporting that the latest US drone strike in Somalia targeted Ahmed Abdi Godane, the leader of Al-Shabaab. Sarah asks whether the strike…
Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal
Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
POTUS’ view on who counts as Al Qaeda
David Remnick’s recent profile/interview of the President in the New Yorker reveals this telling view of how the Administration perceives the difference between core Al Qaeda…
After the AUMF: Iraq and Al Qaeda Redux
Over at Lawfare, Jack Goldsmith takes quite a different lesson from the push to repeal of the 2002 Iraq AUMF than Steve and I suggested here. In Jack’s view, the administration…
After the AUMF: Iraq and al Qaeda
On Tuesday, the Obama administration announced its support for repealing the 2002 authorization to use force in Iraq. This should not be surprising: after all, the President…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…