Latest in Criminal Justice & Rule of Law
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The FBI’s FISA Mess
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either. -
Private Data/Public Regulation
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Executive Privilege and the Jan. 6 Investigation
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinc... -
Modern Day General Warrants and the Challenge of Protecting Third-Party Privacy Rights in Mass, Suspicionless Searches of Consumer Databases
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The Lawfare Podcast: What's Up at Congress with Quinta Jurecic and Molly Reynolds
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On the Special Counsel’s Weird Prosecution of Michael Sussmann
The indictment of Michael Sussmann is far removed from the supposedly grave FBI misconduct Durham was supposed to reveal. It’s also a remarkably weak case. -
The Lawfare Podcast: Seth Stoughton on the Shooting of Ashli Babbitt
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First Circuit Expands Due Process Rights of Noncitizens at Immigration Bond Hearings
As immigration cases continue to surge and President Biden seeks to craft an immigration policy, the standard of proof at bond hearings will remain a consequential issue. -
Durham Grand Jury Indicts Lawyer Michael Sussmann
The indictment alleges that Sussmann lied about his client in a 2016 meeting about former President Trump and Russia. -
Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Why African Governments Are Accepting Afghan Refugees
The offer of assistance from African nations should be welcomed, appreciated, and understood from humanitarian and geopolitical perspectives. -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege.


