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An Unconventional Test Case for Civilian Control of the Military
President Trump’s appointment of Lt. Gen. H.R. McMaster to succeed Michael Flynn as National Security Advisor has generally been lauded, whether in recognition of McMaster’s strengths, his predecessor’s ... -
Leaked DHS Report Contradicts White House Claims on Travel Ban
Last week, CNN reported that the Trump Administration, in the wake of the Ninth Circuit’s ruling on the administration’s immigration order, asked the Department of Homeland Security for assistance in jus... -
The DHS Border Memo II: Removal First, Hearing Later?
One subject of senior U.S. officials’ talks with Mexico on Thursday was a proposal in the recently issued DHS memo on border enforcement that would return undocumented noncitizens to Mexico before a U.S.... -
Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell
It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use th... -
Memo to the NSC: Check Out Some Databases at the State Department before Finalizing that New Executive Order
We received this morning an extraordinary message from a group of Foreign Service officers. -
Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly
Any day now, Department of Homeland Security (DHS) Secretary Kelly is going to have to make a tough call: whether to sign his name to a document that makes the national and homeland security case for the... -
Cybercrime Roundup: Searching and Seizing
In 2014, the Supreme Court held in Riley v. California that there was something different about searching cellphones: -
DHS Implementation Memos Regarding Trump's Immigration EOs: A Summary
The Department of Homeland Security released two implementation memos today providing guidance to DHS personnel regarding President Trump’s Executive Orders restricting immigration and refugee policies. ... -
The DHS Border Memo: Ramping Up Expedited Removal and Raising Tensions with Mexico and with Due Process
Department of Homeland Security (DHS) Secretary John Kelly has just sent two memos to the White House for review that could fundamentally reshape U.S. immigration enforcement and exacerbate tensions with... -
The DHS Immigration Enforcement Memos
As many are reporting this morning, the Secretary of DHS has issued two memos regarding immigration enforcement. I will have much to say about them later, but for now, here is a link to the versions tha... -
It’s Not About Mike Flynn
As Lawfare readers know, someone in government leaked the news that Michael Flynn did indeed discuss sanctions in his post-election phone calls with Russia’s Ambassador to the United States, Sergey Kisly... -
International Terrorism Prosecutions: ISIL Trials Across the Nation
In recent weeks, ISIL sympathizers have wound their way through the court system across the country from Arizona to Florida.
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