Today's Headlines and Commentary

The FBI will brief the Gang of Eight on counterintelligence findings made by Special Counsel Robert Mueller’s investigation, NBC News reports.

A Palestinian man in immigration custody filed a habeas case mounting the first ever challenge to a little-used immigration regulation asserted by the Trump administration to keep him in indefinite detention, the New York Times details. Lawfare shared the full habeas petition.

The Defense Department reprogrammed $1 billion from a military personnel account to support the Department of Homeland Security in construction of 57 miles of border fencing, according to NPR.

The U.N. Assistance Mission in Afghanistan said joint U.S.-Afghanistan airstrikes in Kunduz, Afghanistan killed 13 civilians, including 10 children, the Washington Post reports.

Following a day of airstrikes and rocket launches between Hamas and Israel, which came after a Hamas rocket attack, Hamas announced a ceasefire was brokered by Egypt, the AP details.

ICYMI: Yesterday on Lawfare

Scarlet Kim and Paulina Perlin analyzed newly-released documents chronicling the history of the Five Eyes alliance, which were released by the NSA under the Freedom of Information Act.

Robert Litt unpacked what Attorney General Barr’s letter to Congress regarding the findings of the Mueller investigation said about collusion.

Mikhaila Fogel shared a Lawfare Podcast, Special Edition featuring discussion with Carrie Cordero, Susan Hennessey, David Kris and Benjamin Wittes on Barr’s summary of the Mueller report.

Lev Sugarman posted a district court opinion in which a federal judge declared that sovereign immunity does not shield the U.S. government from jus cogens norms of international law.