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Ninth Circuit Agrees to Wait for Revised Refugee Executive Order
As President Trump mentioned in his press conference yesterday, he plans to issue a revised Executive Order (EO) on refugees next week that is “tailored” to the Ninth Circuit’s recent decision denying th... -
Clearing Up Misconceptions on Cross-Border Migrant Smugglers: An Interview with Gabriella Sanchez
Since President Donald Trump took office on January 20th, unauthorized immigration and the U.S.-Mexico border have topped the national security agenda (at least until the chaos over General Flynn’s calls... -
Harold Thomas Martin III's Indictment and Arraignment
On February 8th, six months after his arrest for stealing classified information, a federal grand jury in the District of Maryland indicted former NSA contractor Harold Thomas Martin III, 52, according t... -
The Law of Leaks
The President is having a bad week. His National Security Adviser has resigned in disgrace as accusations of improper contacts between then-Candidate Trump and his associates embroil the already chaotic ... -
Why Michael Flynn’s Plan to Relax Russia Sanctions is Terrible Policy
With the flurry of news surrounding and leading up to Lt. General Michael Flynn’s resignation as national security advisor, our collective focus has once again returned to the bizarre connections between... -
Impulsiveness, Law, and the Immigration Order
Mostly lost in the discussions about the courts’ blockage of President Trump’s Executive Order on immigration (EO) is that the trial judges simply granted a “Temporary Restraining Order” (TRO). A TRO doe... -
Paying for the Wall
Recent news reports say that President Trump's wall construction plans are likely to take three years and cost north of $20 billion. This is broadly consistent with a CATO study of the wall and will be... -
Trump Administration Deposits SSCI Report with District Court
With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t... -
Harold Thomas Martin III Indicted on Charges of Willful Retention of National Defense Information
On Wednesday, a federal grand jury indicted Harold ("Hal") Thomas Martin III, a former private contractor for Booz Allen Hamilton, of willful retention of national security information. The 20-count ind... -
The Ninth Circuit on the Refugee EO: The Government’s Least Bad Option
Faced with the Ninth Circuit decision declining to stay the Temporary Restraining Order (TRO) against President Trump’s EO, the government must now choose between an array of bad options. To that end, th... -
Congress's Role in the Debate over Trump's Executive Order
As Lawfare readers are well aware, a legal battle over President Trump’s immigration order is underway in courtrooms across the country. Last night, three judges from the U.S. Court of Appeals for the Ni... -
9th Circuit Denies Stay of Temporary Restraining Order in Trump Travel Ban Case
The U.S. Court of Appeals for the Ninth Circuit has denied the government's motion for an emergency stay of a temporary restraining order in Washington v. Trump, regarding the President's executive order...
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