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It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important re...
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Over the years I have heard knowledgeable people comment (sometimes with admiration, sometimes otherwise) that the French approach to counterterrorism outside of France is not so different from the Ameri...
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This is the second part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed the majority’s assessment of Trump and associates’ pre- and post-inaugurati...
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Editor’s Note: The Iran-Saudi rivalry has fostered instability throughout the Middle East, with neither side likely to emerge triumphant. This rivalry increases bloodshed in the region and hinders U.S. a...
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Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a clo...
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Amidst the hurricane of news coming out of the White House in recent weeks, one question has surfaced again and again: why isn't White House Counsel Don McGahn stopping Donald Trump from doing all this? ...
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Once again, Lawfare has reached the end of an exhausting week. Andrew Kent kicked off the week with a study of what issues fall under newly-appointed Special Counsel Robert Mueller’s jurisdiction in the ...
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The Washington Post is now reporting that Russian ambassador to the United States Sergei Kislyak communicated to Moscow that Jared Kushner had approached him in hopes of establishing a secret communicati...
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It has only been a few days since Episode 19, but Steve and Bobby are worried that fellow national security law geeks won’t have enough @nslpodcast to enjoy during long Memorial Day Weekend roadtrips. ...
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Donald Trump’s appearance at a NATO summit yesterday was “tense” and rife with palpable discord, the New York Times writes.
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The Establishment Clause took center stage in Monday’s 10-3 Fourth Circuit decision in International Refugee Assistance Project (IRAP) v. Trump upholding a Maryland district court’s preliminary injuncti...
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Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. Trump, the U.S.
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The Trump Administration Appears to Conduct its First Freedom of Navigation Exercises in the South China Sea Days After American and Chinese Aircraft Tangle Overheard
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Ever since Acting Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a Special Counsel to investigate allegations of Russian interference in the 2016 election, commentators h...
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In March of 2015, the Wikimedia foundation joined together with eight other non-profits in a challenge to NSA’s “mass surveillance” program. This week, the U.S. Court of Appeals for the Fourth Circuit pe...
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Editor's note: This post is adapted from the author's testimony yesterday before the House Committee on Foreign Affairs' Subcommittee on Terrorism, Nonproliferation, and Trade, on the subject of "Nuclear...
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The New York Times reports that U.S. intelligence collected last summer exposed discussions between Russian intelligence and political officials about means of influencing President Trump’s positions on ...
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The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Re...
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Senator Jeff Flake (R-AZ) and Senator Tim Kaine (D-VA) have introduced a new Authorization for the Use of Military Force against ISIS, al Qaeda, and the Taliban.
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Yesterday, the Senate Judiciary Committee Subcommittee on Crime and Terrorism held a hearing on "Law Enforcement Access to Data Stored Across Borders: Facil
