A little more than a week ago, Benjamin Wittes posted a piece about the malevolence and incompetence of Trump’s Executive Order on visas and refugees—an order that, in his words, is both wildly over-incl...

In its reply brief urging the Ninth Circuit to stay Judge James Robart’s temporary restraining order against President Trump’s Refugee Executive Order (EO), the Justice Department has tried to move the ...

On Friday, Magistrate Judge Thomas J. Rueter of the Eastern District of Pennsylvania ordered Google to comply with search warrants for emails stored overseas.

Over the past two weeks, U.S.-Mexico relations deteriorated to their lowest point since perhaps the era of Pancho Villa.

When President Donald Trump signed an executive order temporarily banning refugees from a number of Muslim-majority countries from entering the United States and blocking Syrian refugees indefinitely, hi...

Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court concluded in...

In my twenty years of government service, I have been part of three Presidential transitions. In my experience, it is common for members of an outgoing administration to be unsure—and sometimes skeptica...

Among the many angles on the unfolding court battles over the recent Executive Order on refugees and visas, here is a story someone should really be looking into: How have President Trump’s comments abou...

I’m starting to believe that either Donald Trump wants courts to strike down the Immigration Executive order, or that his White House Counsel is incompetent or ineffectual.

Last night, a federal district court judge issued an order to temporarily shut down the enforcement of several provisions of President Trump’s recent executive order on immigration. The federal judge sit...

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 ...