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What the “Interior Security” Executive Order does to Foreigners’ Privacy Rights
Last week, Adam Klein and Carrie Cordero persuasively argued against a broad reading of the Privacy Act language in the Executive Order on “Enhancing Public Safety in the Interior of the United States.” ... -
Did Trump Scare Off the ICC?
A few weeks before the U.S. presidential election, the prosecutor of the International Criminal Court (ICC) released her latest update on the court's long-running inquiry into alleged crimes committed in... -
Salim v. Mitchell: ATS Suit Against CIA Contractors Survives Second Motion to Dismiss
The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ... -
Best <s>Military Intelligence Foreign Policy</s> Political Advice: The Problem With National Security Presidential Memorandum 2
In 2012, I witnessed a scene that has been on my mind this week: then-Deputy National Security Advisor Denis McDonough reprimanded a less experienced staffer for merely referencing the ongoing reelection... -
Water Wars: A Mixed Week for Alliance Management
Washington Re-Engages Asian Allies -
House of Cards: Building Our National Security on the Alt-Right’s Alternative Threats
In November, I cautioned that then-President-elect Trump’s appointment of Breitbart CEO Stephen Bannon as his chief strategist and Michael “Fear of Muslims is RATIONAL” Flynn as his national security adv... -
OLC Memo on Refugee Executive Order
The Department of Justice has released the Office of Legal Counsel memo assessing the legality of President Trump's executive order banning entry into the United States by refugees and immigrants from se... -
Is Steve Bannon’s Role on the National Security Council Actually Unprecedented?
In response to outcry over President Trump’s reorganization of the National Security Council—and particularly Steve Bannon’s elevation to the NSC and his permanent invite to the NSC’s Principals Committe... -
The Special Obligation of the Advocates of Strong National Security Measures
Years ago, then-New Republic editor Michael Kinsley famously joked that he was going to change the name of the magazine to Even the Liberal New Republic, a quip on the uncomfortable frequency with which ... -
First, They Came for the Iranians
Iranians were not the only target of President Donald Trump’s executive order Friday banning entry to the United States, nor did they appear to be its primary focus. Citizens of six other predominantly M... -
An Easy Win: Replenishing the Privacy and Civil Liberties Oversight Board (PCLOB)
With this week’s White House announcement of an intent to nominate additional leadership officials at the Department of Justice, one of whom is current Privacy and Civil Liberties Oversight Board (PCLOB)... -
Calm Down, Trump Did Not Just Relax Russia Sanctions
For sanctions-watchers, the familiar rhythm of responding to new general licenses issued by Treasury’s Office of Foreign Assets Control (OFAC) is typically uneventful. You receive an email from OFAC anno...
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