War Powers Resolution

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Executive Power

Documents: FOIA Suit on the Legal Basis of Syrian Airstrikes

In May 2017, the nonprofit Protect Democracy filed suit under the Freedom of Information Act to obtain the Trump administration's legal justification behind the U.S. airstrikes in Syria during April of that year. The litigation produced proof of a seven-page legal memo analyzing the legal basis for the strikes, which the Justice Department has not yet released.

War Powers

The ISIS Lawsuit and the Perverse Effects of National Security Litigation

These kinds of advocacy lawsuits against the President in the national security arena often have perverse effects on the resulting law. The intent is generally to force constraints onto the executive branch, but the further along this lawsuit gets, the greater the risk it will result in less, rather than more, accountability and constraint on the Executive’s power.

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