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...

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...

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 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...

Writing for the New York Times in December 2015, Peter Spiro argued that candidate Trump’s proposed religious-based immigration ban—although reprehensible—may pass constitutional muster because of the co...

This post is an outline of a few thoughts (written quickly, so please read accordingly) on making national security arguments, following the government's oral argument made last evening in State of Washi...

On Thursday, February 2, Senators Mark Warner (D-VA), Dianne Feinstein (D-CA), Kamala Harris (D-CA), Martin Heinrich (D-NM), Patrick Leahy (D-VT), and Jeff Merkley (D-OR) introduced legislation to restri...

The U.S. Court of Appeals for the Ninth Circuit heard oral argument today in Washington v. Trump, regarding the State of Washington's challenge to the president's executive order banning refugees and imm...

A little more than a week ago, Benjamin Wittes posted a piece about the malevolence and incompetence of Trump’s Executive Order on visas and refugees—an order that, in his words, is both wildly over-incl...

For conscientious commentators, one problem with having a loose cannon for a president is the rapidly thinning line between irresponsible speculation and legitimate analysis.

The United States and Australia have rarely disagreed on issues of strategy in the post-Cold War era. Generally, Australia reliably agrees with Washington’s assessment of threats and risks and supports A...