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A White House’s responsibility to explain the legal basis for military actions such as the Syria missile strikes is dangerously undefined. This is not a problem unique to the Trump Administration. Nor do...
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With six hours to spare before the 48-hour deadline in section 4 of the War Powers Resolution, the White House has sent the President's report to Congress on Thursday evening's missile attacks on Syria.
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With one exception, I agree with Jack’s post on the OLC perspective on the constitutionality of President Trump’s Syria strike. Jack writes about Trump's strike:
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“The opinions of judges, no less than executives and publicists, often suffer the infirmity of confusing the issue of a power's validity with the cause it is invoked to promote, of confounding the perman...
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The United States has just launched a missile attack against Syrian air bases, apparently in response to the Assad regime’s use of chemical weapons against Syrian civilians.
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You can always tell when it’s time to reauthorize a portion of the Foreign Intelligence Surveillance Act (FISA) because Congress starts wringing its hands about some aspect of the law. FISA is a law that...
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Bobby Chesney raised a number of issues regarding the Active Defense Certainty Act, and I’m just getting into it now. I think Bobby’s comments are spot on, but I want to amplify some of his concerns.
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This evening, President Trump nominated Courtney Elwood to be CIA General Counsel and John Sullivan to be DoD General Counsel. These are excellent appointments and good news for the national security la...
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Representative Tom Graves (R-GA) recently released a discussion draft of a bill that would create a defense to liability under the Computer Fraud and Abuse Act (CFAA) (18 USC 1030) f
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This morning, the Senate Judiciary Committee is holding a hearing for Rod Rosenstein, President Trump's nominee for Deputy Attorney General, and Rachel Brand, President Trump's nominee as Associate Attor...
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Though there may be plenty of topics about which President Trump and congressional Republicans agree, Russia does not appear to be one of them. The President’s defense of Putin has prompted a cold reacti...
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This morning, the House Judiciary Committee is hearing testimony on Section 702 of the Foreign Intelligence Surveillance Act. The hearing will consist of testimony from two panels of witnesses, one close...