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The Fourth Circuit Travel Ban Argument: Framing the Challengers’ Case for the Supreme Court
The substance and tone of the Dec. 8 Fourth Circuit en banc argument in International Refugee Assistance Project (IRAP) v. Trump differed substantially from the Dec. 6 Ninth Circuit argument in Hawaii’s ... -
Public Confidence in the Mueller Investigations and Other Russia Investigations
In late November, as part of our monthly tracking of confidence in institutions engaged in national security activities, we polled for the second month on the question of “How much confidence do you have... -
Document: White House Dec. 11 War Powers Report
The White House Press Office has released the following letter, dated Dec. 11, 2017, informing Congress of current military operations consistent with the 2001 and 2002 authorizations for the use of mili... -
ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld
On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who i... -
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned couns... -
Choosing Between Federal Prosecution and Deportation
The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement. -
Help Us Build a Lawfare App
We are currently studying the problem of how to build a maximally useful Lawfare mobile app—and our tech team is looking to interview readers to figure out how people are using the site and what function... -
The Taste of Crow: Okay, I’m Alarmed Now
More than two months ago, I wrote a piece counseling against panic in the case of the John Doe U.S. citizen detainee being held by the military in Iraq. Steve Vladeck responded that I was being complacen... -
Document: New Military Commission Charges in 2002 Bali Bombings
The chief prosecutor of the Guantanamo Bay military commissions, Army Brig. Gen. Mark Martins, has brought new charges against Riduan bin Isomuddin (also known as Hambali), an al-Qaida affiliate alleged ... -
For Judges, ‘Legality’ Is Their Only ‘Reality’
Lawfare readers are by now no-doubt familiar with my unflinching criticisms of the opinions that have enjoined President Donald Trump’s travel bans. The statutory claims are unreviewable, and even if the... -
Document: D.C. District Court Denies DOJ Motion for Partial Stay in Doe v. Trump
Judge Colleen Kollar-Kotelly denied the government's request for a partial stay of the court's Oct. 30 injunction, which required the military to allow prospective transgender enlistees by Jan. 1. The fu... -
Today's Headlines and Commentary
Dina Powell, the deputy national security advisor, will resign from the White House early next year, according to the Washington Post. The departure is said to be amicable, and Powell will continue to in...
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