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What follows are a few thoughts on the House intelligence committee’s report dated March 22 and released April 27 by the majority—and the consequence of the process taken to release it. This is not a com...
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Vladimir Putin’s government is guilty of many crimes, ranging from bombing civilians in Syria to meddling in U.S. elections to assassinating dissidents in the United Kingdom and other countries. Does all...
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At the end of March, President Trump signed the omnibus budget bill into law.
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Is the United Nations Charter law? Frequent violations of the charter and its uncertain impact on state practice, Jack Goldsmith points out in an April 16 post, lead many to wonder whether it really func...
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During last Wednesday’s oral argument at the Supreme Court, Solicitor General Noel Francisco said that the president’s travel ban excludes nationals of countries that fail to provide a “minimum baseline ...
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Editor’s Note: Programs to counter (or, if you prefer, prevent) violent extremism are much talked about but rarely implemented. The Obama administration did some initial exploratory efforts, but even the...
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A law-nerd analysis of whether Donald J. Trump Jr. violated the CFAA based on his recently-disclosed e-mail.
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At the beginning of April, commenting on the spate of legislation aimed to protect the special counsel from summary dismissal, Bob Bauer put forward an alternative proposal on Lawfare:
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On Thursday, former Deputy Attorney General Sally Yates hosted a conference at Georgetown Law on the future of American democracy.
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Barely a peep about the Mueller investigation on Lawfare this week, though there was a district court denial of Paul Manafort’s motion to dismiss the special counsel’s criminal charges against him on gro...
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There was a strange sense of deja vu this morning at the E. Barrett Prettyman Federal Courthouse. Three weeks after the U.S. Court of Appeals for the D.C. Circuit heard oral arguments over a preliminary ...
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On April 17, the Supreme Court issued a 5-4 decision in Sessions v.
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On Friday, the U.S. District Court for the District of Columbia issued the following order denying Paul Manafort's motion to dismiss due to the Justice Department and special counsel's acting outside the...
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On April 25, Col. James Pohl, the presiding judge in United States v. Khalid Shaikh Mohammad et al. (commonly called the “9/11 case”), issued a ruling denying defendant Mustafa al-Hawsawi’s motion to dis...
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This Tuesday, the Supreme Court held in Jesner et al. v. Arab Bank, PLC that the federal courts are not available to aliens in actions against foreign corporations.
In a 5-4 vote, with Justice Anthony K...
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The Republican majority of the House Permanent Select Committee on Intelligence has released its report on Russian election interference. The Democratic minority has also released a separate report. Both...
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The Trump administration’s plan to wind down DACA, the deferred action policy that grants lawful presence to certain aliens, has been halted by several federal courts. While I have criticized such ruling...
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Canada is going on the attack—at least in cyberspace. As Canada undergoes the most comprehensive national security legislation reform in over three decades, one of the most notable proposed changes in th...
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This week, Facebook and YouTube announced new data on removal of terrorist content on their platforms. Facebook also released its internal document clarifying what content stays online and what is deleted.
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Recent headlines about foreign intelligence surveillance—e.g., “In Trump’s first year, FISA court denied record number of surveillance orders”—are misleading.