Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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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... -
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. -
DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia
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‘The Politics of Truth’: The U.K. Overseas Operations Act and Legislation on Northern Ireland Legacy
Two recent moves to “protect” veterans from “lawfare”—the Overseas Operations Act and a command paper on Northern Ireland legacy—illustrate its attempts to strike a balance between impunity and accountab... -
A Strange Defense of the Biden Moratorium Extension Mess
A response to Neil Eggleston. -
D.C. District Court Partially Approves House Oversight Subpoena for Trump Financial Records
A judge blocked much, but not all, of the House Oversight Committee’s request for documents from 2011 to 2018 related to Trump and his businesses. -
D.C. Judge Declines to Dismiss Nunes Defamation Suit Against Washington Post
The U.S. District Court for the District of Columbia is allowing Rep. Devin Nunes’s defamation suit against the Washington Post to proceed. -
Why Trump Cannot Hide Behind Presidential Immunity for Inciting an Insurrection
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated sess... -
Notes Detail Trump’s Pressure on Justice Department To Declare the Election ‘Corrupt’
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OLC Clears Way for Treasury to Release Trump’s Tax Returns
The Office of Legal Counsel, contrary to the Trump Justice Department’s assertions, decided on Friday that the Treasury is obligated to provide Congress with the former president’s tax returns. -
The Biden Administration Joins the Military Justice Reform Debate as It Heats Up in the Senate
The Biden Administration has joined the debate over how profoundly the military justice system should be reformed as the Senate is divided. -
Informal Government Coercion and The Problem of "Jawboning"
At what point does informal coercion raise Constitutional questions?
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