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Why the United States Should Be as Circumspect as the British about the Muslim Brotherhood
Editor’s Note: The Muslim Brotherhood is a troubling organization for policymakers. Many terrorists passed through its ranks, and the Trump administration, spurred on by some in Congress and several U.S.... -
Paying for the Wall
Recent news reports say that President Trump's wall construction plans are likely to take three years and cost north of $20 billion. This is broadly consistent with a CATO study of the wall and will be... -
Trump Administration Deposits SSCI Report with District Court
With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t... -
The Lawfare Podcast: Norm Eisen on the Emoluments Clause
Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” ... -
Privacy Today Edition
Pixelization can't protect privacy. Tech improvements make privacy harder all the time. "Google Brain, an offshoot of the Silicon Valley behemoth working on a form of artificial intelligence called deep... -
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... -
The Week that Was: All of Lawfare in One Post
Yes, this week, the Ninth Circuit decided to temporarily leave in place the nationwide injunction on President Trump’s ban on entry to the United States from seven Muslim countries. And, yes, the preside... -
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... -
Today's Headlines and Commentary
The Washington Post informs us that despite earlier denials by National Security Advisor Michael Flynn and others in Trump’s administration, Flynn did discuss the possibility of lifting U.S. -
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...
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