Articles tagged with: separation of powers

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Justice Department set forth basis for detention, abandons term “enemy combatant”

In a memo filed today with US District Court Judge John D. Bates, the Justice Department set forth its legal basis for detaining persons associated with terrorism and abandoned the use of the term “enemy combatant.” The memo can be found here. The memo states the new framework for detention as follows:
The President has the authority to detain persons that …

Obama’s first signing statement

The previous post discussed President Obama’s memo on the use of signing statements and signaled a more modest approach than the previous Administration. Yesterday, the President issued a statement in connection with signature of H.R. 1150. The President explained:
Today I have signed into law H.R. 1105, the “Omnibus Appropriations Act, 2009.” This bill completes the work of last year by …

Obama’s memo on signing statements

On Monday, President Obama issued the following memo on the use of signing statements:

THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________________
For Immediate Release Monday, March 9, 2009
March 9, 2009
Memorandum for the Heads of Executive Departments and Agencies
SUBJECT: Presidential Signing Statements
For nearly two centuries, …

Text & Video of Leahy’s Georgetown Address Recommending a Truth Commission

As noted in the previous post, in an address at Georgetown University earlier today, Senator Patrick Leahy proposed the idea of creating a truth commission to address the actions of the Bush Administration. The entire text of Senator Leahy’s address at the 2009 Marver Bernstein Symposium can be found here.  C-SPAN has posted a video of the address– including questions …

More Office of Legal Counsel Memos from Bush Administration Released

Courtesy Bobby Chesney–

LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT (January 19, 2006) (added 01/16/09)
PRESIDENTIAL SIGNING STATEMENTS (January 31, 2007) (added 01/16/09)
REQUESTS FOR INFORMATION UNDER THE ELECTRONIC COMMUNICATIONS PRIVACY ACT (November 5, 2008) (added 01/16/09)

Office of Legal Counsel Memos on International and National Security Law Just Posted

Bobby Chesney brings to our attention 6 OLC memos that were posted on the OLC website yesterday:

“PROTECTED PERSON” STATUS IN OCCUPIED IRAQ UNDER THE FOURTH GENEVA CONVENTION (March 18, 2004) (added 1/08/09)
STATUS OF TALIBAN FORCES UNDER ARTICLE 4 OF THE THIRD GENEVA CONVENTION OF 1949 (February 7, 2002) (added 1/08/09)
AUTHORITY OF THE PRESIDENT UNDER DOMESTIC AND INTERNATIONAL …


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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.