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The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part II
In Part I of this series, I discussed three critical errors in the Ninth Circuit’s decision in Washington v. Trump. First, the court grossly erred by treating a temporary restraining order—that contained... -
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... -
Bannon in Washington: A Report on the Incompetence of Evil
Thank you, Steve Bannon. I mean that sincerely. I’m sleeping better because of you. -
Endless War Watch, Winter 2017
I thought it would be interesting, even amidst all the pressing immediacy of day-to-day emergency, to step back and ask where we now are in the post-9/11 struggles over America’s national security and su... -
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... -
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... -
Thoughts on a Strange Day—and a Very Strange Presidential Tweet
It was a very strange day. The only thing lower on my list of expectations than a presidential tweet when I got into an Uber this morning was what I got: an approving presidential tweet. Yet there it w... -
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... -
How the Ninth Circuit Did It: Due Process Sinkhole Swallows Trump’s Executive Order Whole
Last week, U.S. District Judge James Robart (a George W. Bush appointee) sent President Trump into a Twitter tizzy by issuing a temporary restraining order (TRO) enjoining the enforcement of Trump’s immi... -
Summary: Trump Issues Three Executive Orders on Crime and Law Enforcement
This week, after a long, partisan confirmation battle, the Senate confirmed Senator Jeff Sessions (R-AL) as the United States Attorney General. -
Judicial and Media Independence After the Next Attack
With his repeated disparagement of the judiciary and unfounded criticism of the news media for under-reporting terrorist attacks, a number of commentators have suggested that Trump is preemptively trying...
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