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On the Special Counsel’s Weird Prosecution of Michael Sussmann
The indictment of Michael Sussmann is far removed from the supposedly grave FBI misconduct Durham was supposed to reveal. It’s also a remarkably weak case. -
The Lawfare Podcast: Seth Stoughton on the Shooting of Ashli Babbitt
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First Circuit Expands Due Process Rights of Noncitizens at Immigration Bond Hearings
As immigration cases continue to surge and President Biden seeks to craft an immigration policy, the standard of proof at bond hearings will remain a consequential issue. -
Durham Grand Jury Indicts Lawyer Michael Sussmann
The indictment alleges that Sussmann lied about his client in a 2016 meeting about former President Trump and Russia. -
Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Why African Governments Are Accepting Afghan Refugees
The offer of assistance from African nations should be welcomed, appreciated, and understood from humanitarian and geopolitical perspectives. -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege. -
Technology Giants and the Deregulatory First Amendment
Courts should prioritize the First Amendment rights of users, not technology giants. -
Evaluating the Police Shooting of Ashli Babbitt
A parsing of the legal issues at play in the police shooting in the Capitol on Jan. 6. -
DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia
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The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comp... -
‘The Politics of Truth’: The U.K. Overseas Operations Act and Legislation on Northern Ireland Legacy
Two recent moves to “protect” veterans from “lawfare”—the Overseas Operations Act and a command paper on Northern Ireland legacy—illustrate its attempts to strike a balance between impunity and accountab...