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Don't Recklessly #ReleaseTheMemo
Late last week, word surfaced of an incendiary memo authored by House intelligence committee Chairman Devin Nunes and his staff. The memo supposedly alleges surveillance abuses by the intelligence commun... -
Summary: Jewel v. NSA and the Accidental Deletion of Surveillance Data
The National Security Agency made headlines last week when Politico reported that the agency had made a court filing informing a federal judge that it had accidentally deleted data related to ongoing lit... -
What's So Great About the Declare War Clause? Noah Feldman's Madison & War Powers: Part I
I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient ... -
Document: Judge Chutkan Declines to Block Government from Transferring Detainee in Doe v. Mattis
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu... -
How Many of Devin Nunes’s GOP Colleagues on the Intelligence Committee Will Stand Up for the Accuracy of His Memo? Hint: Not Many
House Intelligence Committee chairman Devin Nunes’s now-famous memo contains allegations of government abuses so shocking that they may be “worse than Watergate,” according to Iowa Rep. Steve King. If yo... -
The Lawfare Podcast: What the Heck Happened in Hawaii?
It may seem like ages ago, but the false alarm about a missile heading towards Hawaii hasn't left our minds. Last week, Shannon Togawa Mercer interviewed a group of experts on the event: Stephan Haggard,... -
Today's Headlines and Commentary
Special Counsel Robert Mueller’s team questioned Attorney General Jeff Sessions for several hours last week, the New York Times reports. Sessions appears to be the first member of President Trump’s cabin... -
Turkey Invades Syria to Fight U.S.-backed Kurdish Forces ... Again
Turkey Launches Military Operation against U.S.-backed Forces in Syria -
The Cyberlaw Podcast: Untold Stories of Section 702 Reauthorization
In this guestless episode, Michael Vatis, Markham Erickson, and Nick Weaver join me to round up the news. I explore the final results of the intense jockeying that led to passage of S. 139, which gave Se... -
Counting Terrorists: The Urgent Need for Comprehensive Data
The Trump administration is trying to turn counterterrorism into an immigration issue. -
Turning a Citizen Military Detainee Over to Another Country: The Valentine/Munaf Issue in Doe v. Mattis
In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor... -
Power and Integrity at the FBI: Chris Wray Stands Up to the President and the Attorney General
Jonathan Swan of Axios reported Monday night, based on “three sources with direct knowledge,” that FBI Director Chris Wray “threatened to resign” if FBI Deputy Director Andrew McCabe “was removed” from o...
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