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Author’s Note: After drafting the post below, I belatedly checked Lawfare’s recent posts to ensure I’m not preempted. And there I found this terrific post by my colleague Megan Reiss, covering a great de...
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On Jan. 29, Benjamin Wittes asked for “actual evidence” that Andrew McCabe “has done something inappropriate.” We’ll know more when the inspector general report becomes public, but I think there are at l...
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It seems likely that the House Intelligence Committee will soon #ReleaseTheMemo. According to press reports, the memo claims that the FISA application to monitor Trump campaign advisor Carter Page includ...
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This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.
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In August 2017, the Senate passed the Countering America’s Adversaries Through Sanctions Act 98-2; the House voted 419-3.
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Over the weekend some conservative commentators pushed back on my tweet-claim that President Trump has “threaten[ed] DOJ/FBI over and over in gross violation of independence norms.” The Justice Departmen...
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News that the FBI’s embattled deputy director, Andrew McCabe, is stepping down broke suddenly today. McCabe has long planned to retire in March, and until recently, FBI Director Chris Wray has protected ...
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The defense of democratic institutions, norms, values and culture does not always involve standing up for people who have acted heroically. Stories feel better, of course, when it does—when honor goes to...
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On Jan. 17, cybersecurity and software vendor Kaspersky Lab filed for a preliminary injunction against the Department of Homeland Security’s (DHS) order designating the company’s software as an “informa...
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On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ...
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu...
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In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor...
