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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Detention, the AUMF, and the Bush Administration — Correcting the Record

In a piece published by the blog Lawfare entitled "Detention, the AUMF, and the Bush Administration," Jack Goldsmith argues that the Obama Administration and the Bush Administration may be more similar than they are different in their legal rationale for detention.

Goldsmith outlines three things that the Obama administration has done to separate its legal rationale for military detention from the Bush administration's rationale. First, Obama lawyers have dropped the "enemy combatant" label. Second, while Bush lawyers interpreted the AUMF to extend detention authority to those who "support" terrorist groups, the Obama team has extended it only to those who "substantially support" these groups. Lastly, the Obama administration has not contended that the detentions are justified on the basis of the President's Article II powers. 

Despite these differences, Goldsmith believes that each change has amounted to little legal significance between the two administrations and that these differences "would not be remarkable except for the fact that some in the Obama administration have maintained so strenuously that these differences are large."

For the article's full text, click here

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