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Analysis of IRAP v. Trump Part III: The Concurring Opinions of Judges Thacker, Keenan, and Wynn
This post is the third part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements. -
Ex parte Milligan and the Fourth Circuit’s Travel Ban Decision
A Civil War-era decision about military commission trials took center stage in the U.S. Court of Appeals for the Fourth Circuit’s en banc decision last week upholding a district court injunction against ... -
On the Back-Channel That Wasn’t and U.S. National Security Interests
During an October 2016 presidential debate, then-candidate Donald Trump rejected the joint Department of Homeland Security-Office of the Director of National Intelligence assessment that the Russian gove... -
June 1 Hoover Event: The Future of Section 702 of the Foreign Intelligence Surveillance Act
Join the Hoover Institution this Thursday, June 1, for its half-day conference on Section 702, the provision of the Foreign Intelligence Surveillance Act (FISA) scheduled to sunset at the end of this yea... -
Updating the 2001 AUMF at Long Last? On the Flake-Kaine Bill
It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important re... -
The French War on Terrorism: Targeting French Islamic State Fighters through Iraqi Forces
Over the years I have heard knowledgeable people comment (sometimes with admiration, sometimes otherwise) that the French approach to counterterrorism outside of France is not so different from the Ameri... -
Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece
This is the second part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed the majority’s assessment of Trump and associates’ pre- and post-inaugurati... -
Defusing the Iran-Saudi Powder Keg
Editor’s Note: The Iran-Saudi rivalry has fostered instability throughout the Middle East, with neither side likely to emerge triumphant. This rivalry increases bloodshed in the region and hinders U.S. a... -
Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements
Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a clo... -
The Lawfare Podcast: Bob Bauer on Trump and the White House Counsel
Amidst the hurricane of news coming out of the White House in recent weeks, one question has surfaced again and again: why isn't White House Counsel Don McGahn stopping Donald Trump from doing all this? ... -
The Week that Was: All of Lawfare in One Post
Once again, Lawfare has reached the end of an exhausting week. Andrew Kent kicked off the week with a study of what issues fall under newly-appointed Special Counsel Robert Mueller’s jurisdiction in the ... -
Washington Post Reports Jared Kushner Sought Secret Communications Channel with Kremlin
The Washington Post is now reporting that Russian ambassador to the United States Sergei Kislyak communicated to Moscow that Jared Kushner had approached him in hopes of establishing a secret communicati...
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