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Everyone Calm Down About That Declaration of National Emergency
Stuck with a government shutdown, President Trump and his advisors are reportedly considering the invocation of emergency authorities in order to begin construction of a wall along the U.S.-Mexico border... -
The Veselnitskaya Obstruction Indictment: A Collusion Tale
It’s not about L’Affaire Russe, but the indictment of Natalia Veselnitskaya tells a remarkable story about Russian abuse of the U.S. judicial system. -
Document: D.C. Circuit Upholds Contempt Citation in Mueller Mystery Subpoena Case
On Tuesday, Judges Tatel, Griffith and Williams of the U.S. Court of Appeals for the D.C. Circuit upheld a contempt citation against the unnamed defendant in In re: Grand Jury Subpoena, the case of the m... -
Document: Indictment Charging Russian Lawyer Natalia Veselnitskaya Describes Links to Kremlin
On Tuesday, Magistrate Judge Katharine H. Parker of the U.S. District Court for the Southern District of New York unsealed a Dec. 20 indictment charging Natalia Veselnitskaya, the Russian lawyer who atte... -
The President Is Still Subject to Generally Applicable Criminal Laws: A Response to Barr and Goldsmith
In an op-ed in the New York Times and a post on Lawfare, we criticized President Trump’s nominee to be the next attorney general, William Barr, for a memo he sent to Trump administration officials last J... -
The National Vetting Enterprise: Artificial Intelligence and Immigration Enforcement
In May 2018, facing widespread outrage, the Department of Homeland Security (DHS) backed away from a proposal for machine learning technology to monitor immigrants continuously. -
International Terrorism Prosecutions: 2018 Wrap-Up
In the past few months, prosecutors have tried, juries have convicted, and judges have sentenced defendants from the height of the Islamic State’s power in 2014–15. Meanwhile, American law enforcement c... -
Declaring an Emergency to Build a Border Wall: The Statutory Arguments
The president’s statutory authorities regarding a proposed wall at the southern border are more generous than they might initially seem. -
Document: Fourth Circuit Says Virginia Politician’s Facebook Page is a ‘Public Forum’ and that First Amendment Prohibits Blocking Constituents
On Monday, the U.S. Court of Appeals for the Fourth Circuit ruled in Davidson v. Randall that a Virginia county official who blocked a constituent's access to the official’s Facebook page had violated th... -
Case Closed: The Justice Department Won’t Stand Behind Its Report on Immigrants and Terrorism
Don’t look now, but the United States Department of Justice just came perilously close to admitting that it engaged in disinformation about immigrants and terrorism in a formal government report. -
A Qualified Defense of the Barr Memo: Part I
Daniel Hemel and Eric Posner have harshly criticized William Barr’s memo on Special Counsel Robert Mueller’s obstruction of justice theory. -
Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both?
The final two months of 2018 have been a remarkably eventful period for observers of American civil-military relations—even for the Trump administration. In just the final two months of 2018, there was t...
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