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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: 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... -
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... -
Two Upcoming Lawfare Liveblogs This Afternoon: Sally Yates' Testimony and IRAP v. Trump
As Lawfare readers are likely aware, two important events will be taking place at 2:30pm Eastern time this afternoon: first, a hearing by the Senate Judiciary Subcommittee on Crime and Terrorism featurin... -
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Just over a month ago, the Administration launched missile strikes against the Assad regime in Syria. The strikes followed a brutal chemical attack that killed scores of innocent civilians. We are all di... -
Active Cyber Defense a/k/a Hackback
I am a bit of an outlier in the cybersecurity community since I think that there are circumstances in which private actors ought to be allowed to more aggressively respond to intrusions on their systems ... -
Will the ICC Launch a Full Investigation in Afghanistan?
In mid-November, International Criminal Court prosecutor Fatou Bensouda announced that her office would make a decision “in the very near future” on whether to launch a full investigation in Afghanistan....
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