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CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report

The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
US President Joe Biden addresses the Major Economies Forum on Energy and Climate from the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House, in Washington, DC on June 17, 2022. - Biden hosts the virtual summit of major economies.

The Biden Administration Should Begin its “War on Secrecy” by Releasing Key War Powers Reports

Providing a meaningful report to Congress - and the American public - on legal and policy frameworks governing the use of force and related national security operations is not…
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
FBI Building in Miami, Florida.

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

Buried in the ODNI's 2019 statistical transparency report—released on Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously…
A hand holds a blue highlighter as they highlight words and phrases of a blurry document.

What to Watch For in White House’s Annual Report on Use of Military Force

The report is due Sunday, March 1, and here are the key legal and policy issues to keep a sharp eye on.
Flags of USA and Iran

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
Marik String on July 24 2019 at a Senate Committee on Foreign Relations hearing.

What the State Department Legal Adviser Promised Congress on Iran

Will Mr. Marik String keep his word?
The number 30 on a calendar is surrounded by a big red box.

The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes

A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…
People walk past flowers and tributes displayed in memory of the twin mosque massacre victims outside the Al Noor mosque in Christchurch on March 29, 2019.

Scramble to Erase New Zealand Attack Videos Exposes Pitfalls Too

The white supremacist who attacked two mosques in Christchurch, New Zealand, created a Facebook livestream of his assault that spread at an alarming rate. At times, YouTube said,…

An Opportunity for National Security Transparency in the Trump Era

Hartig and Geltzer--who served in the National Security Council, Defense Department, and Justice Department--examine the benefits of transparency in national security policy, what…

Trump’s Explanation for His Administration’s Use of Military Force Due Today

As I discuss in a piece over at Defense One, today is the deadline for the Trump administration to provide a detailed explanation to Congress on its legal and policy basis for…

The Trump Administration Should Publicly Disclose its New Policy on Lethal Force

On Monday, President Trump is required to submit a report to Congress setting out changes he’s made to US policy governing the use of military force in counterterrorism operations.…
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