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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."
Gavel And Dog Tag On American Flag

Military Justice Reform, the 2020 Pledge, and the President’s Power

A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
The damaged interior of the hospital in which the Medecins Sans Frontieres (MSF) medical charity operated is seen on October 13, 2015 following an air strike in the northern city of Kunduz.

Why the US Military Needs to Rethink How It Investigates Civilian Harm

A new report analyzed a total of 228 investigations into reported civilian harm in Afghanistan, Iraq, and Syria between 2002 and 2015.
Some US soldiers sit with guns in a trench while additional soldiers walk around their damaged vehicle at the site of a Taliban suicide attack in Kandahar on August 2, 2017.

Afghanistan Papers, the Miniseries, Or How I Learned to Stop Worrying and Love the Bombshell

The Washington Post describes the story as uncovering a widespread effort by U.S. officials to “conceal the truth” about the war. A close reading shows that's not the case.
An unarmed Trident II D5 missile launches from the Ohio-class ballistic missile submarine USS Nebraska (SSBN 739) off the coast of San Diego, California, Sept. 4, 2019.

Pentagon Deployment of New, “More Usable” Nuclear Weapon Is a Grave Mistake

DoD now acknowledges it has deployed a new, sea-based nuclear warhead capability. But the administration’s stated rationale for the new weapon is deeply flawed, and the decision…
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…
US Secretary of State Mike Pompeo leaves the stage to US Secretary of Defense Mark Esper during a briefing on the past 72 hours events in Mar a Lago, Palm Beach, Florida on December 29, 2019.

Why the 2002 AUMF Does Not Apply to Iran

There is no congressional statute authorizing military attacks on Iran.
Mark Esper

Mark Esper vs. Mark Esper on the 2002 AUMF and Iran

In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.
Heavy smoke billows following an airstrike on the western frontline of Raqa on July 17, 2017, during an offensive by the US-backed Syrian Democratic Forces, a majority Kurdish and Arab alliance, to retake the city from Islamic State (IS) group fighters.

Civilian Casualties: A Case for U.S. Condolence Payments in Syria

The U.S. military acknowledges it unintentionally killed 40 civilians in a 2017 air strike, but rejects appeals to help those who survived.
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
U.S. President Donald Trump touches the arms of Chairman of the Joint Chiefs of Staff Joseph Dunford and U.S. Defense Secretary Jim Mattis while delivering remarks during a meeting with military leaders in the Cabinet Room on October 23, 2018 in Washington, DC.

Trump Loved “His Generals”—Until He Got To Know Them

The caricature of a “a gruff, tough-guy persona" with powerful toys lay at the heart of the contradiction Trump promised as a candidate in 2016.
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