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Enjoining the Revised Refugee EO: The Hawaii District Court “Waters Down” the Separation of Powers
On Wednesday, Hawaii U.S. District Judge Derrick K. Watson converted his March 15, 2017 temporary restraining order enjoining two sections of President Trump's Revised Refugee Executive Order into a prel... -
Did the Justice Department Try to Keep Sally Yates from Testifying?
This morning, the Washington Post reported that the Justice Department sought to prevent former Acting Attorney General Sally Yates from testifying before the House Permanent Select Committee on Intellig... -
Did the Justice Department Just Admit Doubts Over Trump’s Oath?
Don’t look now, but the Justice Department has just responded to key themes Benjamin Wittes and I have been writing about in connection with President Trump’s oath of office. -
What If Keeping Out “Bad and Dangerous” Muslims <em>is</em> the President’s National Security Purpose? And Other Vexing Questions
Last week saw a flurry of federal court decisions on President Trump’s second travel ban order, along with an outpouring of critical commentary on what the courts got right and wrong. Here are three ques... -
It’s Time for a Select Committee on Russia (Also, We Told You So)
A few weeks ago, we argued for the need for the formation of a new congressional Select Committee to investigate the Russia Connection. Developments since the publication of that piece have only served t... -
Destroying the Presumption of Regularity
In the normal course of events, the announcement by DHS that it would ban large electronic devices from direct flights originating at ten airports in the Middle East would excite a great deal of comment.... -
What The Heck Is Devin Nunes Talking About? A Guide for the Perplexed
Earlier today, Devin Nunes held a headline-making press conference on Capitol Hill in which he made the following statement: -
The Rise of the Autocrats
Editor's Note: The text of this article is adapted from Representative Schiff's remarks at the Brookings Institution on March 21, 2017. *** -
The Compromising of America
Edward Snowden’s theft of files, whatever good it accomplished in igniting a national conversation on surveillance, also opened the door to more aggressive Russian intrusions in cyberspace. How could it ... -
Takeaways from House Intel Hearing on Russian “Active Measures”
Today’s just-concluded HPSCI hearing provided an informative, remarkably varied tour d’horizon of issues related to Russian interference in the 2016 election. -
What the Trump Presidency Means for China
Prior to the 2016 U.S. Election, commentators generally thought that a Trump presidency would be a double-edged sword for the Chinese leadership: on one hand, his brand of crass populism might do severe ... -
The Revolt of the Judges: What Happens When the Judiciary Doesn’t Trust the President’s Oath
It’s been a busy 24 hours in the increasingly fascinating relationship between President Trump and the federal judiciary. First, a federal district judge in Hawaii entered a nationwide temporary restrai...
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