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President Donald Trump formally recognized Jerusalem as Israel’s capital and pledged to move the U.S. embassy from Tel Aviv to Jerusalem, the New York Times reported. In televised remarks from the White ...
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President Donald Trump is making a statement on the decision to recognize Jerusalem as the capital of Israel. To understand the context and implications, read Lawfare's analysis from Scott Anderson and Y...
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Unheralded amid the recent political chaos in Washington and upheavals in the Middle East was a potential bit of good news: revelations that the al-Qaeda core’s split from its Syrian affiliate did not re...
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In less than a month, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire. As the clock runs out on one of the U.S. government’s most important counterterrorism and counterin...
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I wrote Monday morning about costs within the Justice Department when its leaders stay silent in the face of the president’s caustic attacks on the department’s independence and integrity. I mentioned in...
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Earlier today, Josh Blackman penned on this site a cogent piece arguing that a president cannot commit the crime of obstruction of justice using valid exercises of his Article II powers as president. The...
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President Donald Trump’s lawyer, John Dowd, asserted that the “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right ...
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The Kingdom of Saudi Arabia, America’s longtime ally in the Middle East, faces a tumultuous future. Plummeting oil prices, an ongoing royal purge, and Yemen’s civil war across the border have thrust the ...
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PDF version
A review of Amanda Tyler's Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (Oxford, 2017).
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The Supreme Court permitted the administration to fully enforce the Sept. 24 revised travel ban order pending litigation in federal appellate courts, the Washington Post reported.
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Episode 195 features an interview with Susan Hennessey of Lawfare and Andrew McCarthy of the National Review. They walk us through the “unmasking” of U.S. identities in intelligence reports—one of the mo...
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Ousted Yemeni President Killed after Breaking Alliance with Houthis
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President Trump has vowed “to keep radical Islamic terrorists the hell out of our country.” While new mutations of his travel ban grind slowly through the courts, the president may take solace in one far...
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In a pair of unsigned orders, the Supreme Court today allowed the third iteration of President Trump’s travel ban to go into complete effect. Only Justices Ginsburg and Sotomayor noted their dissent. Whi...
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On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction against the Sept. 24 immigration order (EO-3) in International Refugee Assistance Program v. Trump and an th...
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The Supreme Court issued orders in Trump v. Hawaii and Trump v. IRAP, allowing the White House's revised travel ban to take effect while litigation proceeds in the Fourth and Ninth circuits. The full ord...
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There are a few problems with Dershowitz's thesis.
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Former NSA Tailored Access Operations (TAO) developer Nghia Hoang Pho pleaded guilty on Friday to willful retention of national defense information. Pho faces a maximum of ten years in prison for removin...
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Clashes in Yemen’s capital between rival rebel factions left hundreds dead, including former president Ali Abdullah Saleh, the New York Times reported. Houthi rebels said a bomb at his residence killed S...
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The effort to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) may turn on a partisan fight over the “unmasking” rules that govern the disclosure of U.S. person identities in intelli...
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