Latest in Criminal Justice & Rule of Law
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Anatomy of a Presidential Untruth: What Data Did the Justice Department Really Provide the White House?
On Feb. 10 of last year, a Justice Department lawyer in the department’s National Security Division (NSD) assembled some data on international terrorism convictions for transmission to the White House. T... -
Documents: FOIA Suit on the Legal Basis of Syrian Airstrikes
In May 2017, the nonprofit Protect Democracy filed suit under the Freedom of Information Act to obtain the Trump administration's legal justification behind the U.S. airstrikes in Syria during April of t... -
Another Cryptocurrency Target for U.S. Regulators: Tether
Bitcoin and its ilk have gotten a lot of attention recently as the speculation bubble bursts. The negative attributes and uses of cryptocurrency are substantial: Bitcoin is known to facilitate money laun... -
'I Hope This Is an Instance of Fake News': FBI Messages Show the Bureau's Real Reaction to Trump Firing James Comey
When President Trump fired James Comey as FBI director last May, the special agent in charge of the Detroit field office, David Gelios, wrote an email to his staff: -
Document: Nunes Memo
The House intelligence committee majority staff released a memo on alleged intelligence abuses on Friday. The full memo is below. -
Is the Trump Administration Breaking the Law By Failing to Issue New Russia Sanctions?
Author’s Note: After drafting the post below, I belatedly checked Lawfare’s recent posts to ensure I’m not preempted. And there I found this terrific post by my colleague Megan Reiss, covering a great de... -
Another Perspective on Andrew McCabe's Departure
On Jan. 29, Benjamin Wittes asked for “actual evidence” that Andrew McCabe “has done something inappropriate.” We’ll know more when the inspector general report becomes public, but I think there are at l... -
The Dubious Legal Claim Behind #ReleaseTheMemo
It seems likely that the House Intelligence Committee will soon #ReleaseTheMemo. According to press reports, the memo claims that the FISA application to monitor Trump campaign advisor Carter Page includ... -
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22. -
What’s Going on with Sanctions on Russia?
In August 2017, the Senate passed the Countering America’s Adversaries Through Sanctions Act 98-2; the House voted 419-3. -
Independence and Accountability at the Department of Justice
Over the weekend some conservative commentators pushed back on my tweet-claim that President Trump has “threaten[ed] DOJ/FBI over and over in gross violation of independence norms.” The Justice Departmen... -
Quick Thoughts on Andrew McCabe’s Departure
News that the FBI’s embattled deputy director, Andrew McCabe, is stepping down broke suddenly today. McCabe has long planned to retire in March, and until recently, FBI Director Chris Wray has protected ...
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