Beginning tomorrow there will be a four part series on the Demystifying the Title 10-Title 50 by Mr. Andru E. Wall.  This post is copyright and Mr. Wall has given Station HYPO to post his work.

Statement by Mr. Wall at the time this article was published:

Senior Associate with Alston & Bird LLP; former senior legal advisor for U.S. Special Operations Command Central (2007 to 2009). While this article was cleared for publication as required by my security clearance and nondisclosure agreements, the views expressed herein are my own and do not necessarily reflect the position of the U.S. government or Department of Defense. I thank Harvard Law School for its generous support of this paper and Jack Goldsmith, Hagan Scotten, Mark Grdovic, Nick Dotti, Chris Costa, Michael Bahar, and Lenn Ferrer for their invaluable comments and suggestions. To my beloved wife, Yashmin, and two adorable children, Isabella and David Alejandro, thank you for your extraordinary patience and support as I repeatedly disappeared to work on this article.

Post outline by date:

May 24

I. Introduction
II. The Law Permits While Congress Attempts to Restrict
A. Legal Authorities
1. The President’s Constitutional Authority
2. The Secretary of Defense’s Statutory Authorities
B. Congressional Oversight

May 25

III. When Military Operations Look Like Intelligence Activities
A. Unconventional Warfare
B. Cyberwarfare

May 26

IV. Distinguishing Military Operations, Intelligence Activities & Covert Action
A. Military Operation or Intelligence Activity?
B. Is the Military Operation a Covert Action?
1. Traditional Military Activities are not Covert Action
2. Military Preparatory Operations are Traditional Military Activities

May 27

V. Conclusion

This series includes detailed footnotes that add to the length of each post.

Station HYPO is responsible for all formatting errors.