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A president like Donald Trump, who behaves outlandishly and governs recklessly, poses unique challenges to other institutional actors. Jack Goldsmith, among others, has identified how those who who flout...
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Editor's Note: The Brexit plan that Theresa May negotiated with the European Union has been met with controversy in the British Parliament. The British government is divided among supporters, who feel th...
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Thought we were done with surveillance-law debates, at least for a few years? Not by a long shot. A sunset is looming for three provisions of the Foreign Intelligence Surveillance Act. What’s at stake? H...
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In November last year, the New York Times broke the sad story of Victor and Cynthia Liu, American citizens who entered China in June 2018, and have since been barred from leaving the country.
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Bill Barr spent Tuesday testifying before the Senate Judiciary Committee on his nomination to take over the reins of the Justice Department as attorney general, a role he previously held during the Georg...
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Today the Brookings Institution is publishing our edited volume, "Bytes, Bombs, and Spies: The Strategic Dimensions of Offensive Cyber Operations." And here is the first intro
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On Tuesday, the Special Counsel’s Office filed the following memorandum in the U.S. District Court for the District of Columbia describing false statements made by Paul Manafort after Manafort entered a ...
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Last week, Jack Goldsmith got on the phone with Pulitzer Prize-winning Washington Post journalist Greg Miller to discuss Miller’s new book, “The Apprentice: Trump, Russia and the Subversion of American D...
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Attorney general nominee William Barr appeared before the Senate Judiciary Committee on Tuesday for the first of two days of his confirmation hearing, reports Politico. See the livestream here on Lawfare.
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This week on the National Security Law Podcast, co-hosts Bobby Chesney and Steve Vladeck are joined by Michel Paradis (lead counsel for the defense in the al-Nashiri military commission case) and Capt. B...
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Brazen Russian intrusions into the U.S. electricity grid lead our episode. I ask Matthew Heiman and Nick Weaver whether Russia intended for us to know about their intrusions (duh, yes!) and how we should...
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Across the globe, the rapid pace of technology development has made it difficult to govern emerging tech effectively. Policymakers struggle with several primary issues, including knowledge of the subject...
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Former attorney general William Barr, President Trump's nominee to head the Justice Department, will testify before the Senate Judiciary Committee Tuesday at 9:30 a.m. Eastern on his nomination.
Barr's...
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Two 1973 hearings to confirm two attorneys general offer guidance to senators who want to use the hearings this week to protect the Mueller investigation.
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On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful inf...
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There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be include...
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The current partial federal government shutdown is now the longest in modern U.S. history, reports the Wall Street Journal.
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In recent weeks, the Israeli Supreme Court, sitting as a High Court of Justice (HCJ) for administrative matters, handed down three decisions regarding house demolitions. The first one—Naji v. IDF Command...
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Like everyone else on Lawfare, I was struck by the recent New York Times story about the FBI opening a counterintelligence investigation into President Trump after he fired former FBI Director Jim Comey....
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Below is the prepared statement that former Attorney General William Barr will deliver at his confirmation hearing before the Senate Judiciary Committee on Jan. 15.
