Latest in Executive Branch
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Will the United States Be Able to Extradite Assange?
Late last week, CNN reported that the Justice Department is close to bringing criminal charges against Julian Assange, the founder of Wikileaks and a longtime resident of the Ecuadorean Embassy in London... -
The Press Gets Trump's Sanctuary Cities Order Wrong Again (and Again)
The press has gotten increasingly deliberate about calling out the Trump administration’s falsehoods, deploying “muscular” headlines ("Meeting With Top Lawmakers, Trump Repeats an Election Lie") and pith... -
Livestream: Reflecting on Trump's First 100 Days
Today, the Brookings Institution is hosting a forum on President Trump's first 100 days in office. The first panel discussion, on national security issues, will feature Lawfare's Benjamin Wittes and Susa... -
Body Double: What Medieval Executive Theory Tells Us About Trump’s Twitter Accounts
In 1571, an English jurist named Edmund Plowden, trying to make sense of cases involving the sale and purchase of land owned by various monarchs, argued: [T]he King has in him two Bodies, viz., a Body ... -
Close Enough: The Quiet Conclusion of the Combat-Equipped Deployment to Uganda
A few weeks ago, AFRICOM quietly brought to an end a five-year-old combat-equipped deployment that for a time had raised some very interesting War Powers Resolution questions. -
Did the Justice Department Really Support the President's Misstatement to Congress? Let's Find Out
Back in Februrary, in his address to a Joint Session of Congress, Donald Trump made an arresting claim: “according to data provided by the Department of Justice, the vast majority of individuals convicte... -
Toward Transparency of Legal Position and Process and a White House Obligation to Disclose
A White House’s responsibility to explain the legal basis for military actions such as the Syria missile strikes is dangerously undefined. This is not a problem unique to the Trump Administration. Nor do... -
What the Data Really Show About Terrorists Who 'Came Here,' Part III: What If You Included Domestic Terrorism Cases?
As we have sought to show in Parts I and II of this series, the claims that President Trump made in his joint-session address to Congress and in his revised executive order about the percentage of terror... -
What the Data Really Show About Terrorists Who “Came Here,” Part II: A Country-by-Country Analysis
In Part I of this series, we laid out what Justice Department data really show about how many foreign-born vs. domestic-born individuals have been convicted of crimes related to international terrorism i... -
What the Data Really Show About Terrorists Who “Came Here,” Part I: Introduction and Overview
In late February, during his address to a joint session of Congress, President Trump claimed that “according to data provided by the Department of Justice, the vast majority of individuals convicted of t... -
President Trump's War Powers Report on the Syria Attacks
With six hours to spare before the 48-hour deadline in section 4 of the War Powers Resolution, the White House has sent the President's report to Congress on Thursday evening's missile attacks on Syria. ... -
An Addendum on the Constitutionality of Presidential War Powers
With one exception, I agree with Jack’s post on the OLC perspective on the constitutionality of President Trump’s Syria strike. Jack writes about Trump's strike:
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