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Can a President’s Absolute Immunity be Trumped?
It’s time to think hard about Nixon v. Fitzgerald. Fitzgerald isn’t really part of the national security law canon; it’s a 1982 Supreme Court decision that is often cited for the proposition that the P... -
Steptoe Cyberlaw Podcast: An Interview with Susan Munro
With our sound system back online, episode 163 is already a big step up from Lost Episode 162. (Transcripts of 162 are available for those who wish by sending email to CyberlawPodcast@steptoe.com.) -
Today's Headlines and Commentary
In highly-anticipated testimony before the Senate Judiciary Subcommittee on Crime and Terrorism, former Acting Attorney General Sally Yates testified on her warnings to the White House about the conduct ... -
Section-by-Section Analysis of Rep. Schiff's AUMF Proposal
As several colleagues noted last week, Representative Adam Schiff has revived his effort to get Congress to replace the 2001 and 2002 AUMFs with a new “Consolidated AUMF” that would explicitly name the I... -
IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories”
Yesterday, thirteen judges of the Fourth Circuit sitting en banc heard argument in IRAP v. Trump. Acting Solicitor General Jeffrey Wall handled with aplomb an hour of blistering questions from about seve... -
The Yates Testimony and the White House Counsel
Sally Yates’s testimony yesterday calls into yet greater doubt the effectiveness of White House Counsel Don McGahn. -
The Fourth Circuit Argument on the Refugee EO: Second-Guessing the President or Safeguarding Individual Rights?
Reading the tea-leaves of appellate argument can be tricky, but skepticism about the legality of President Trump’s revised Executive Order (EO) was a prominent strand in Monday’s Fourth Circuit en banc a... -
Oral Argument Summary: IRAP v. Trump (the Travel Ban case)
Yesterday afternoon, the Fourth Circuit, sitting en banc, heard two hours of argument in IRAP v. Trump. At issue was District Judge Theodore Chuang’s nationwide preliminary injunction enjoining enforceme... -
Yates Changes Her Tune
“Sally Yates made the fake media extremely unhappy today—she said nothing but old news!” So tweeted our President a few hours ago about today’s testimony by the former Deputy (and Acting) Attorney Gener... -
Today's Headlines and Commentary
Former Acting Attorney General Sally Yates is testifying before Senate Judiciary Subcommittee on Crime and Terrorism alongside former Director of National Intelligence James Clapper as of 2:30pm today. Y... -
Liveblog: Sally Yates Testifies before the Senate Judiciary Committee
The Senate Judiciary Subcommittee on Crime and Terrorism is hearing testimony from former Acting Attorney General Sally Yates and former Director of National Intelligence James Clapper on "Russian Interf... -
Liveblog: International Refugee Assistance Project v. Trump
Join me as I liveblog today's oral argument in International Refugee Assistance Project v. Trump, which the Fourth Circuit is hearing en banc at 2:30 pm—you can follow along under the C-SPAN livestream e...
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