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A Letter from Michael Pompeo
I was surprised to find in my mailbox this morning a small package from the CIA. I was even more surprised to find within it a letter to me from CIA Director Michael Pompeo himself. The contents of Pompe... -
Summary: Wagafe v. Trump, a Preview of ‘Extreme Vetting’ Litigation
The Ninth Circuit held on Dec. 22 that President Donald Trump’s latest executive order exceeded both his independent Article II authority and his statutory authority under the Immigration and Nationality... -
Assessing the Bipartisan Secure Elections Act
On Dec. 21, all eyes were on the Republican bill to cut taxes. Yet a bipartisan group of six senators also had their eyes on the far less sexy (but still important!) topic of election hacking. They quiet... -
The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
Last month, the Supreme Court held argument in Carpenter v. United States, the pending case on whether the Fourth Amendment protects cell-site records. There seemed to be at least five votes sympathetic... -
Travel Ban Update: Ninth Circuit Holds EO-3 Exceeds President’s Power
On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s p... -
The Ninth Circuit Previews Why Article II Will Save The Travel Ban
In invalidating the latest iteration of the travel ban, known as the Proclamation, the Ninth Circuit Court of Appeals reached an important question of first impression: whether the policy could be suppor... -
Document: District Court Memorandum Opinion in ACLU v. Mattis
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued the following Memorandum Opinion in ACLU v. Mattis that, among other things, denies the Defense Department's motion to d... -
What Did Mike Pompeo Say to the CIA Workforce in his Holiday Message?
I confess that I don't know the answer to this question. But the grapevine has been buzzing this morning in response to a Christmas letter the CIA director apparently sent to his workforce—a message wh... -
Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?
There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential tran... -
Last Week in the Military Commissions, 12/4-12/8: Was There an Armed Conflict Pre-9/11?
Last week, the military commission in United States v. Khalid Sheikh Mohammed et al., which relates to the 9/11 terrorist attacks, convened for the first time in several weeks for hearings and testimony ... -
The Fourth Circuit Travel Ban Argument: Framing the Challengers’ Case for the Supreme Court
The substance and tone of the Dec. 8 Fourth Circuit en banc argument in International Refugee Assistance Project (IRAP) v. Trump differed substantially from the Dec. 6 Ninth Circuit argument in Hawaii’s ... -
ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld
On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who i...
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