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Upholding the Revised Refugee Executive Order: A Virginia District Court Clarifies the Establishment Clause Issues
On Friday, Virginia U.S. District Judge Anthony J. Trenga upheld President Trump’s revised Refugee Executive Order (EO), ruling that the EO did not violate the Establishment Clause (see Josh Blackman’s d... -
The Lawfare Podcast: Rep. Adam Schiff on the Role of Congress in Protecting Liberal Democracy
Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes's odd es... -
The Week that Was: All of Lawfare in One Post
FBI Director James Comey kicked off this week by dropping the bombshell during the House Permanent Select Committee on Intelligence’s open hearing on Russian active measures during the campaign that ther... -
Today's Headlines and Commentary
CNN informs us that House Permanent Select Committee on Intelligence Chairman Devin Nunes (R-CA) has canceled the Committee’s scheduled open hearing next Tuesday with former Director of National Intellig... -
More on the Active Defense Certainty Act
Bobby Chesney raised a number of issues regarding the Active Defense Certainty Act, and I’m just getting into it now. I think Bobby’s comments are spot on, but I want to amplify some of his concerns. ... -
Trump Must Learn From U.S. Mistakes in Iraq
Editor’s Note: The policies of former Iraqi Prime Minister Nouri al-Maliki left many Iraqis feeling marginalized by their new government, especially as Maliki consolidated his control after the U.S. with... -
Court of Military Commissions Review Issues Order in Qosi Case
On March 11, the Court of Military Commissions Review (CMCR)—the appellate court sandwiched between the military commissions and review at the D.C. Circuit court of appeals—issued a two-pronged order in ... -
What If Keeping Out “Bad and Dangerous” Muslims <em>is</em> the President’s National Security Purpose? And Other Vexing Questions
Last week saw a flurry of federal court decisions on President Trump’s second travel ban order, along with an outpouring of critical commentary on what the courts got right and wrong. Here are three ques... -
This Week at the Military Commissions, 3/21 Session: "Who is Greg Sansig?"
We kick today’s session off as usual with attendance. Defendants Walid Bin’Attash, Mustafa al Hawsawi, and Khalid Shaikh Mohammad have all waived their right to be present at today’s sessions; only Ramzi... -
Water Wars: The “Non-Conflict, Non-Confrontation, Mutual Respect, Win-Win” Edition
Tillerson Tells China What it Wants to Hear, while U.S. Partners Seek the Capability to Defend Themselves -
This Week at the Military Commissions, 3/20 Session: Medical Records, High-Value Detainee Designations, and Classification Guidance
Anxious to kick off two weeks of pretrial hearings in the case against Khalid Shaikh Mohammad and fellow 9/11 defendants, military judge Army Colonel James Pohl gavels us in at 8:59am. Among preliminary... -
A Critical Analysis of the Report of the UN Human Rights Council Commission of Inquiry into the 2014 Gaza Conflict
Despite the many tumultuous events that have transpired in both the Middle East and the rest of the world since 2014, the conflict that erupted during that summer between Israel and Palestinian armed gro...
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