On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned couns...

The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement.

More than two months ago, I wrote a piece counseling against panic in the case of the John Doe U.S. citizen detainee being held by the military in Iraq. Steve Vladeck responded that I was being complacen...

Lawfare readers are by now no-doubt familiar with my unflinching criticisms of the opinions that have enjoined President Donald Trump’s travel bans. The statutory claims are unreviewable, and even if the...

On Dec. 6, the Ninth Circuit heard oral argument in Hawaii v. Trump, in which the plaintiffs are challenging President Trump’s Proclamation (EO-3). The argument centered on the same statutory issues the ...

A recent opinion piece in The Hill concerning lack of arrests in the Shadow Brokers and Vault 7 cases argues that this primarily demonstrates the government’s general inability to stop insider leaks. Ano...

On Wednesday, Jack wrote in defense of Deputy Attorney General Rod Rosenstein's and FBI Director Christopher Wray’s efforts to rebuke the president’s demoralizing tweets about their agencies:

President Trump has vowed “to keep radical Islamic terrorists the hell out of our country.” While new mutations of his travel ban grind slowly through the courts, the president may take solace in one far...

In a pair of unsigned orders, the Supreme Court today allowed the third iteration of President Trump’s travel ban to go into complete effect. Only Justices Ginsburg and Sotomayor noted their dissent. Whi...

On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction against the Sept. 24 immigration order (EO-3) in International Refugee Assistance Program v. Trump and an th...