With both Congress and the executive branch controlled by Republicans, liberal-leaning state governments, lobbies, advocacy groups, and individuals will naturally be turning to the courts to challenge fe...

The jurisdictional and procedural barriers are high for plaintiffs seeking to hold individuals liable for post-9/11 U.S. counterterrorism programs. But a torture suit brought by alien plaintiffs against ...

The Department of Justice has released the Office of Legal Counsel memo assessing the legality of President Trump's executive order banning entry into the United States by refugees and immigrants from se...

For sanctions-watchers, the familiar rhythm of responding to new general licenses issued by Treasury’s Office of Foreign Assets Control (OFAC) is typically uneventful. You receive an email from OFAC anno...

Over the days since President Trump signed his executive order banning immigrants and refugees from seven majority-Muslim countries from entering the United States, Lawfare has produced a great deal of c...

The Trump executive order banning nationals of seven Muslim states and suspending refugee admissions is, as a matter of policy, monumentally stupid. It is malevolence tempered only by incompetence, as Be...

Two good government groups, Citizens for Responsibility and Ethics in Washington and the Government Accountability Project, have written to the Office of Special Counsel requesting an investigation into ...

Years ago, then-New Republic editor Michael Kinsley famously joked that he was going to change the name of the magazine to Even the Liberal New Republic, a quip on the uncomfortable frequency with which ...

Last night, President Trump nominated Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to fill the ninth seat on the Supreme Court. We have mined Judge Gorsuch’s opinions in the areas likely of i...

The City of San Francisco has filed a complaint for declaratory and injunctive relief against President Trump, Secretary of Homeland Security John Kelly, and Acting Attorney General Dana Boente in respon...

On January 19th, in federal district court in New York, Akhror Saidakhmetov, a 21-year-old citizen of Kazakhstan, pleaded guilty to conspiring to provide material support to ISIL, according to the Justic...

Let me start by saying that I share the moral sentiment behind Sally Yates’s order to the Justice Department not to defend Trump’s Executive Order.