I confess that I don't know the answer to this question. But the grapevine has been buzzing this morning in response to a Christmas letter the CIA director apparently sent to his workforce—a message wh...

There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential tran...

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al., which relates to the 9/11 terrorist attacks, convened for the first time in several weeks for hearings and testimony ...

The substance and tone of the Dec. 8 Fourth Circuit en banc argument in International Refugee Assistance Project (IRAP) v. Trump differed substantially from the Dec. 6 Ninth Circuit argument in Hawaii’s ...

On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who i...

On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned couns...

The legal and political debate over immigration detainers usually concerns the demands that the federal government makes of local law enforcement.

More than two months ago, I wrote a piece counseling against panic in the case of the John Doe U.S. citizen detainee being held by the military in Iraq. Steve Vladeck responded that I was being complacen...

Lawfare readers are by now no-doubt familiar with my unflinching criticisms of the opinions that have enjoined President Donald Trump’s travel bans. The statutory claims are unreviewable, and even if the...

On Dec. 6, the Ninth Circuit heard oral argument in Hawaii v. Trump, in which the plaintiffs are challenging President Trump’s Proclamation (EO-3). The argument centered on the same statutory issues the ...

A recent opinion piece in The Hill concerning lack of arrests in the Shadow Brokers and Vault 7 cases argues that this primarily demonstrates the government’s general inability to stop insider leaks. Ano...

On Wednesday, Jack wrote in defense of Deputy Attorney General Rod Rosenstein's and FBI Director Christopher Wray’s efforts to rebuke the president’s demoralizing tweets about their agencies: