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Livestream: Senate Judiciary Committee Hearing on the Freedom of Information Act
The Senate Judiciary Committee is holding a hearing Tuesday morning at 10:15 a.m. on "The Freedom of Information Act: Examining the Administration's Progress on Reforms and Looking Ahead." The committee ... -
Swatting: From Fake 911 Call to SWAT Team Raid
On Dec. 29, 2017, police officers surrounded 28-year-old Andrew Finch’s house in Wichita, Kansas, in response to a 911 call. After being asked to come to the door with his hands up, Finch opened the door... -
A Primer on the Legal Dispute in Doe v. Mattis
Is it legal for the U.S. government to hold an American citizen in military detention in Iraq if that person was captured in the Syrian combat zone and was a fighter for the Islamic State? That’s the fu... -
Constitutional Limits on White House Interference in Specific Enforcement Matters
Late last year, in an interview with The New York Times, President Trump declared that he has the “absolute right to do what I want to do with the Justice Department.” In a similar vein, the president’s ... -
Last Week at the Military Commissions, Feb. 26-Mar. 2: Judge in 9/11 Case Seeks Answers on Convening Authority Firing
The military commission in United States v. Khalid Sheikh Mohammed et al. (the “9/11 case”) reconvened for pretrial proceedings last week, meeting in open session on Feb. 26 and March 1 in addition to se... -
Law Enforcement as a Counterintelligence Tool
A few years ago, shortly after stepping down as Assistant Attorney General for National Security, I published a long article called Law Enforcement as a Counterterrorism Tool. As its title suggests, the ... -
About that ‘Winter White House’ Post ...
A couple of weeks ago, The Hill reported on the latest legal endeavour of our little Freedom of Information Act (FOIA) project: a new lawsuit we’ve filed with help from our friends at Georgetown Law’s In... -
Departmentalism, Judicial Supremacy and DACA
In recent years, there has been a resurgence of academic interest in the concept of both departmentalism and its obverse, judicial supremacy. -
Document: Superseding Indictment Against Manafort and Gates
On Thursday, a grand jury in the Eastern District of Virginia charged Paul Manafort and Richard Gates on a total of 32 counts related to bank fraud, tax fraud, and failure to report foreign bank accounts... -
The Travel Ban, Article II, and the Nondelegation Doctrine
On Sept. 24, 2017, President Trump signed a proclamation, better known as “travel ban 3.0,” which would have denied entry to aliens from six predominantly-Muslim nations. -
Doe v. Mattis: The Fact Dispute in the U.S. Citizen Detainee Case
After months of procedural wrangling, the merits at last have been joined in Doe v. Mattis (a habeas corpus petition brought by the American Civil Liberties Union on behalf of a U.S. citizen held in U.S.... -
Last Week at the Military Commissions, Feb. 12-16: Al-Nashiri Grinds to a Halt
The military commission in United States v. Al-Nashiri reconvened in open session this past week before being abruptly abated on Feb. 16, as previously reported on Lawfare.
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