Today's Headlines and Commentary

Matthew Whitaker’s appointment as Acting Attorney General is being challenged in court by the State of Maryland, which argues that the appointment was not lawful and that Deputy Attorney General Rod Rosenstein is the rightful ascendant to the position, reports the New York Times. The lawsuit in question concerned a non-related Affordable Care Act matter.

A botched Israeli undercover operation in Gaza has lead to heavy fighting, says the Times. The United Nations envoy to the region, Nickolay Mladenov, warned both sides to back away from the brink of war.

National security adviser John Bolton said on Tuesday that an audio recording of journalist Jamal Khashoggi’s final hours in the Saudi consulate in Istanbul did not implicate Crown Prince Mohammed bin Salman, reports the Washington Post.

A new report by CSIS released on Monday identified hidden bases in North Korea that have the capability to deploy mobile missile launchers, says the Post. Although the bases are not necessarily indicative of North Korean breach of an agreement in June, it does cast doubt on the effectiveness of the summit between President Trump and Kim Jong-un.

Sources close to President Trump say that he is considering dismissing Secretary of Homeland Security Kirstjen Nielsen because of the president’s belief that Nielsen is not effectively implementing his zero-tolerance immigration policies, reports the Times.

The Trump administration is considering asking the Afghan government to suspend the coming presidential elections as the U.S. seeks to engage the Taliban in peace talks to officially end the war, says the Wall Street Journal. Afghan president Ashraf Ghani reportedly does not support the idea.

ICYMI: This Weekend on Lawfare

Jen Patja Howell posted the newest episode of the Lawfare Podcast, which featured a discussion between Benjamin Wittes and Paul Rosenzweig on investigating American presidents.

Asfandyar Mir explored the effects of drone strikes in Pakistan, and whether they drive recruitment to or degrade terrorist networks.

Robert Litt assessed the ethical tests that Justice Department officials face in the wake of Jeff Sessions’s firing and Whitaker’s appointment.

On the 100th Anniversary of Armistice Day, which ended World War I, Matthew Waxman analyzed the legal end of World War I in the U.S., and Kori Schake explored how the lessons of World War I may be applied to the Trump era.

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