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The Case Against National Injunctions, No Matter Who Is President
Last night, a federal district court judge issued an order to temporarily shut down the enforcement of several provisions of President Trump’s recent executive order on immigration. The federal judge sit... -
The Lawfare Podcast, Special Wednesday Edition: Goldsmith v. Lederman on Yates
This week, we posted the Lawfare Podcast a bit early and brought you a special Wednesday edition in response to Acting Attorney General Sally Yates's order to the Justice Department not to defend Preside... -
The Rip-Roaring, Crazy Week that Was: All of Lawfare in One Very Long Post
Unless you’ve been living in a cave, you already know that on Friday of last week, President Trump signed an executive order banning refugees from seven Muslim majority countries from entering the United... -
Nationwide Injunctions and the Lower Federal Courts
With both Congress and the executive branch controlled by Republicans, liberal-leaning state governments, lobbies, advocacy groups, and individuals will naturally be turning to the courts to challenge fe... -
Today's Headlines and Commentary
The New York Times and the Washington Post report that President Trump has imposed sanctions on 25 Iranian official and entities, including the Iranian Revolutionary Guard, in response to Iran’s recent b... -
Another Iranian Missile Test(s): Explained
On Wednesday, U.S. National Security Advisor Michael T. Flynn condemned a recent Iranian missile launch and, perhaps more significantly, put “Iran on notice.” Flynn asserted: -
Gorkagate Fizzles Out
Last Thursday, the Wall Street Journal reported that Sebastian Gorka, a former national security and terrorism editor at Breitbart who now serves as an advisor to Steve Bannon on the National Security Co... -
What the “Interior Security” Executive Order does to Foreigners’ Privacy Rights
Last week, Adam Klein and Carrie Cordero persuasively argued against a broad reading of the Privacy Act language in the Executive Order on “Enhancing Public Safety in the Interior of the United States.” ... -
Did Trump Scare Off the ICC?
A few weeks before the U.S. presidential election, the prosecutor of the International Criminal Court (ICC) released her latest update on the court's long-running inquiry into alleged crimes committed in... -
Salim v. Mitchell: ATS Suit Against CIA Contractors Survives Second Motion to Dismiss
The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ... -
Best <s>Military Intelligence Foreign Policy</s> Political Advice: The Problem With National Security Presidential Memorandum 2
In 2012, I witnessed a scene that has been on my mind this week: then-Deputy National Security Advisor Denis McDonough reprimanded a less experienced staffer for merely referencing the ongoing reelection... -
Water Wars: A Mixed Week for Alliance Management
Washington Re-Engages Asian Allies
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