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The Nunes Memo and the Law of Unintended Consequences
The memo is out, and it is already stale. The Nunes memo makes one central allegation: that the FBI and Department of Justice did not live up to the duty of candor expected of them by the in camera ex pa... -
Livestream: House and Senate Committee Hearings on Foreign Policy and National Security
Tuesday is a busy day on the hill. The following hearings may be of interest to Lawfare readers. The House Committee on Armed Services is holding a hearing Tuesday morning at 10:00 a.m. on the National ... -
Summary: The U.K. Court of Appeal Ruling and What’s Next for the Investigatory Powers Act
The U.K. Court of Appeal has held that Section 1 of an expired state surveillance law, the 2014 Data Retention and Investigatory Powers Act, was unlawful as it related to “access to retained data,” or pe... -
Can the FISC Clean Up the Nunes Memo's Mess?
At the heart of the now-released “Nunes memo” is an accusation that the FBI and Department of Justice misled the Foreign Intelligence Surveillance Court (FISC) when they sought orders to surveil former T... -
Today's Headlines and Commentary
The State Department announced on Monday that the U.S. has reached the limit on the number of deployed nuclear warheads that the New Strategic Arms Reduction Treaty (New START) with Russia allows, the Wa... -
A Rubicon
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Another Problem with the Constitutional Argument Against the Indictment of a President
The argument against the indictment of the president rests on a 2000 Office of Legal -
The Week That Will Be
Event Announcements (More details on the Events Calendar) -
'I Hope This Is an Instance of Fake News': FBI Messages Show the Bureau's Real Reaction to Trump Firing James Comey
When President Trump fired James Comey as FBI director last May, the special agent in charge of the Detroit field office, David Gelios, wrote an email to his staff: -
Is President Trump Enabling the Islamic State’s Power of Persuasion?
Editor’s Note: Terrorists' use of the Internet in all its forms remains an important source of their power and influence. Michael Smith, an analyst focusing on jihadist influence operations, calls for a ... -
The Week That Was: All of Lawfare in One Post
Benjamin Wittes argued that efforts by President Trump and Rep. Devin Nunes to discredit Deputy Attorney General Rod Rosenstein threaten the independence of and public trust in federal law enforcement. -
The Lawfare Podcast: Special Edition: Memo #Released
On Friday, Rep. Devin Nunes, the House intelligence committee chairman, released a controversial and long-awaited memo alleging surveillance abuses by the Justice Department and FBI against Carter Page, ...
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