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Document: D.C. Circuit Denies Petition for Initial Hearing En Banc in Ali v. Trump et al.
The U.S. Court of Appeals for the District of Columbia Circuit denied Guantanamo Bay detainee Abdul Razak Ali's petition for an initial hearing en banc in Ali v. Trump et al. Ali, held at Guantanamo sinc... -
Bump Stocks Threaten Public Safety and National Security
For many Americans, the tragic killing of 58 Las Vegas concert-goers in October 2017 made all too vivid the dangers posed by bump stocks, attachments that convert semiautomatic firearms into automatic we... -
Document: IRS Employee Charged With Unlawful Disclosure of Suspicious Activity Reports
A criminal complaint unsealed Thursday in the U.S. District Court for the Northern District of California alleged that IRS employee John C. Fry unlawfully disclosed confidential reports about former Trum... -
Four Principles for Reading the Mueller Report
Right now—before any information is public—is an excellent time to set some ground rules regarding how people should engage this material. -
In Praise of Justice Department Independence Norms (and of Matthew Whitaker)
When President Trump appointed the unqualified Matthew Whitaker as acting attorney general on Nov. 7, 2018, many prominent people believed that the country faced yet another “constitutional crisis” point. -
Thoughts on Andrew McCabe’s 60 Minutes Interview
The former acting FBI director’s account doesn’t change the fundamentals of the story, but it puts a lot of flesh on the bones. -
The National Emergency and the President’s Lawyers
Congress and the courts will soon have the opportunity to respond to Donald Trump’s declaration that Congress’s failure to fund his wall at the level he demanded has resulted in a “national emergency” at... -
What Is and Isn’t a Big Deal in Trump’s Executive Actions Related to the Border
From a detached legal perspective, Trump’s actions are not terribly controversial or worrisome. In context, they are. -
Judicial Deference and the Inevitable Border Emergency Litigation
When litigation comes, the resolution of the president's invocation of a national emergency and of 10 USC § 2808 will turn to no small extent on the concept of judicial deference. -
"Form and Legality": The Office of Legal Counsel’s Role in the National Emergency Declaration
President Trump announced in the Rose Garden on Feb. 15 that he is declaring a national emergency on the southern border, with the goal of obtaining an extra $6.5 billion to build a border wall. -
Does the Data President Trump Cited at His Emergency Announcement Even Exist?
Inquiring minds want to know. -
How Congress and President Obama Made Trump’s Wall Possible
As part of its effort to construct a border wall, the Trump administration has invoked a statutory delegation of authority signed into law by President Obama after the 2016 election.
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