Mostly lost in the discussions about the courts’ blockage of President Trump’s Executive Order on immigration (EO) is that the trial judges simply granted a “Temporary Restraining Order” (TRO). A TRO doe...

Recent news reports say that President Trump's wall construction plans are likely to take three years and cost north of $20 billion. This is broadly consistent with a CATO study of the wall and will be...

With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged t...

On Wednesday, a federal grand jury indicted Harold ("Hal") Thomas Martin III, a former private contractor for Booz Allen Hamilton, of willful retention of national security information. The 20-count ind...

Faced with the Ninth Circuit decision declining to stay the Temporary Restraining Order (TRO) against President Trump’s EO, the government must now choose between an array of bad options. To that end, th...

As Lawfare readers are well aware, a legal battle over President Trump’s immigration order is underway in courtrooms across the country. Last night, three judges from the U.S. Court of Appeals for the Ni...

The U.S. Court of Appeals for the Ninth Circuit has denied the government's motion for an emergency stay of a temporary restraining order in Washington v. Trump, regarding the President's executive order...

President Trump today signed three new executive orders related to law enforcement activity: "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Traff...

Today’s 9th Circuit decision is a bit less of a big deal than it will play in the press tomorrow; it will play big both because of the high stakes of the current litigation and because of some rhetorical...

Staying a Temporary Restraining Order (TRO) is an arcane subject that took on new urgency Tuesday at the Ninth Circuit thanks to President Trump’s Refugee Executive Order (EO). The court heard oral argum...

The other day, Benjamin Wittes and Will McCants questioned whether the Trump administration could lawfully designate the Muslim Brotherhood as a Foreign Terrorist Organization (“FTO”). In the days since ...

Writing for the New York Times in December 2015, Peter Spiro argued that candidate Trump’s proposed religious-based immigration ban—although reprehensible—may pass constitutional muster because of the co...