Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court concluded in...

In my twenty years of government service, I have been part of three Presidential transitions. In my experience, it is common for members of an outgoing administration to be unsure—and sometimes skeptica...

I’m starting to believe that either Donald Trump wants courts to strike down the Immigration Executive order, or that his White House Counsel is incompetent or ineffectual.

Among the many angles on the unfolding court battles over the recent Executive Order on refugees and visas, here is a story someone should really be looking into: How have President Trump’s comments abou...

Last night, a federal district court judge issued an order to temporarily shut down the enforcement of several provisions of President Trump’s recent executive order on immigration. The federal judge sit...

With both Congress and the executive branch controlled by Republicans, liberal-leaning state governments, lobbies, advocacy groups, and individuals will naturally be turning to the courts to challenge fe...

The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ...

The Department of Justice has released the Office of Legal Counsel memo assessing the legality of President Trump's executive order banning entry into the United States by refugees and immigrants from se...

For sanctions-watchers, the familiar rhythm of responding to new general licenses issued by Treasury’s Office of Foreign Assets Control (OFAC) is typically uneventful. You receive an email from OFAC anno...

Over the days since President Trump signed his executive order banning immigrants and refugees from seven majority-Muslim countries from entering the United States, Lawfare has produced a great deal of c...

The Trump executive order banning nationals of seven Muslim states and suspending refugee admissions is, as a matter of policy, monumentally stupid. It is malevolence tempered only by incompetence, as Be...

Two good government groups, Citizens for Responsibility and Ethics in Washington and the Government Accountability Project, have written to the Office of Special Counsel requesting an investigation into ...