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If Trump or Congress Decides the Muslim Brotherhood is a Terrorist Organization, Brace for the Blowback
In his inaugural address, President Donald Trump called to “unite the civilized world against radical Islamic terrorism, which we will eradicate completely from the face of the earth.” Members of Congres... -
Amona and the Settlement Regularization Bill: The Politicization of Suffering and the Threat to the High Court
Last week, after years of stays and delays, the Israeli government finally enforced a ruling of the country’s High Court and began dismantling the settlement of Amona. In scenes of resistance designed to... -
Rational Security: The "Guess Who's Coming to Dinner" Edition
This week, Senator Chris Coons of Delaware joins the podcast to discuss the week’s news and the fate of the Republic. The gang talks to him about how -
How to Read (and How Not to Read) Today’s 9th Circuit Opinion
Today’s 9th Circuit decision is a bit less of a big deal than it will play in the press tomorrow; it will play big both because of the high stakes of the current litigation and because of some rhetorical... -
The Refugee EO in the Ninth Circuit: Rights, Wrongs, and Remedies
Staying a Temporary Restraining Order (TRO) is an arcane subject that took on new urgency Tuesday at the Ninth Circuit thanks to President Trump’s Refugee Executive Order (EO). The court heard oral argum... -
Video: Launch of the Tallinn Manual 2.0
Watch the book launch of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, webcasted live from the Atlantic Council here in Washington, D.C. Panelists are Michael Schmitt, J... -
Today's Headlines and Commentary
The New York Times writes that Yemen, angry over the civilian casualties caused by the raid that resulted in the death of a U.S. Navy SEAL, has withdrawn its permission for the United States to run Speci... -
Could President Trump Use the Treasury Department to Go After the Muslim Brotherhood?
The other day, Benjamin Wittes and Will McCants questioned whether the Trump administration could lawfully designate the Muslim Brotherhood as a Foreign Terrorist Organization (“FTO”). In the days since ... -
Containing Trump
In the new (March) issue of The Atlantic, and with the help of Lawfare editors Jack Goldsmith and Benjamin Wittes, I take up the question of how the damage might be mitigated if President Trump proves to... -
On the Latest Draft of the Trump Administration Guantanamo Detention Executive Order
The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (inclu... -
The Tallinn Manual 2.0, Sovereignty 1.0
Yesterday, the Texas Law Review hosted a fantastic daylong symposium on the Tallinn Manual 2.0, which is being released to the public today. -
The Practical Legal Need for an ISIL AUMF
“The Trump White House is nearing completion of an order that would direct the Pentagon to bring future Islamic State detainees to the Guantánamo Bay prison,” reports Charlie Savage. This development gi...
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