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The National Security Lawyer, In Crisis: When the “Best View” of the Law May Not Be the Best View
Since my time in the Obama Administration, I have been interested in exploring questions of how, most productively and realistically, to think about national security lawyering processes and standards. ... -
What China’s Coal Ban Is and What It Isn’t
On February 18, 2017, Beijing abruptly announced that it would suspend all coal imports from North Korea through the end of this year. China’s Ministry of Commerce explained the move as part of its effor... -
DOJ Delivered Only Copy of SSCI Report to Court, Senate Democrats Write
As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’... -
The Legality of the 3/6/17 Executive Order, Part II: The Due Process Clause Analysis
On March 6, 2017, President Trump issued a new executive order on immigration that superseded an order he signed on -
Guantanamo Redux: Why It was Opened and Why It Should Be Closed (and not Enlarged)
It is hard to believe that the Guantanamo Bay detention facility is back in the headlines fifteen years after it opened and eight years after President Obama ordered it closed. Having been present at its... -
This Week at the Military Commissions, 3/8 Session: Wouldn’t It Be Nice to Talk About the Cole?
Editor's Note: Our military commissions coverage will be out of order this week due to difficulties in accessing transcripts from the Office of Military Commissions website. As such, coverage for Wednesd... -
Two Is Company, Three Is a Crowd: The Iran Factor in the Changing U.S.-Russia Relationship
Editor’s Note: President Trump came into office seemingly determined to improve U.S.-Russia relations, with fighting the Islamic State high on the mutual agenda. Standing in the way of better cooperation... -
The Legality of the 3/6/17 Executive Order, Part I: The Statutory and Separation of Powers Analyses
On March 6, 2017, President Trump issued a new executive order on immigration that superseded an order he signed on January 27. -
Adding Data to the VEP Debate: RAND's New Report
When WikiLeaks shed light on the CIA’s stockpile of software vulnerabilities last week, it revived—but hardly clarified—the debate on whether the government hoards too many bugs. In principle, the intera... -
McGahn Should Have Preempted the (Latest) Flynn Mess
Over at Daily Beast I explain why I think White House Counsel Don McGahn should have discovered and fixed Michael Flynn's foreign agent problems long before Flynn became National Security Advisor. The m... -
The True Costs of the Wall: Reduced Security
We have written on this blog about the financial costs of President Trump's plan to build a wall on the southwest border. Cost estimates are somewhere north of $20 billion—and if we are going to spend t... -
The Lawfare Podcast: Jack Goldsmith and Matt Olsen on the Current State of National Security
This week on the podcast, Jack Goldsmith sat down with former Director of the National Counterterrorism Center Matt Olsen to talk about the current state of national security. What should we make of the ...
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