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Published by The Lawfare Institute in Cooperation With 
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The Lawfare Podcast: Culper Partners Rule of Law Series: Judge John Bates
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The National Emergency and the President’s Lawyers
Congress and the courts will soon have the opportunity to respond to Donald Trump’s declaration that Congress’s failure to fund his wall at the level he demanded has resulted in a “national emergency” at... -
The Week That Was: All of Lawfare in One Post
On Friday, President Donald Trump declared a national emergency on the U.S.-Mexico border to secure funds previously denied by Congress to build a border wall. Matthew Kahn shared the official proclamati... -
What Is and Isn’t a Big Deal in Trump’s Executive Actions Related to the Border
From a detached legal perspective, Trump’s actions are not terribly controversial or worrisome. In context, they are. -
Judicial Deference and the Inevitable Border Emergency Litigation
When litigation comes, the resolution of the president's invocation of a national emergency and of 10 USC § 2808 will turn to no small extent on the concept of judicial deference. -
New Global Declaration of Democratic Principles
At the Munich Security Conference on Feb. 16, a group of former world leaders released a Declaration of Principles aimed at reaffirming shared democratic principles and a rules-based order in response to... -
Document: Special Counsel Files Manafort Sentencing Memo
The special counsel's office has filed a sentencing memo in the Paul Manafort case in the U.S. District Court for the Eastern District of Virginia. The document is available here and below. -
"Form and Legality": The Office of Legal Counsel’s Role in the National Emergency Declaration
President Trump announced in the Rose Garden on Feb. 15 that he is declaring a national emergency on the southern border, with the goal of obtaining an extra $6.5 billion to build a border wall. -
Document: Gag Order in Roger Stone Case
On Friday, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia instituted a gag order on counsel for the parties and witnesses in the Roger Stone case, additionally prohibiti... -
Does the Data President Trump Cited at His Emergency Announcement Even Exist?
Inquiring minds want to know. -
How Congress and President Obama Made Trump’s Wall Possible
As part of its effort to construct a border wall, the Trump administration has invoked a statutory delegation of authority signed into law by President Obama after the 2016 election. -
What Authorities Is President Trump Using to Build a Border Wall?
The president signed spending legislation appropriating over a billion dollars for constructing a wall, along with a declaration of emergency to authorize an additional $6.5 billion.
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