In a brief order on Dec. 21, the Supreme Court denied the Trump administration’s request for a stay of the preliminary injunction against the asylum ban issued earlier this week by Judge Jon Tigar of the Northern District of California. The Supreme Court split 5-4, with Chief Justice John Roberts joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
Peter Margulies Fri, Dec 21, 2018, 9:36 PM
Benjamin Wittes Mon, Nov 10, 2014, 4:48 PM
Editor's Note: For those of you who have already contributed to Lawfare in response to my appeals, many thanks from all of us.
Wells Bennett Sat, Sep 22, 2012, 11:04 AM
So we learn from Politico's Josh Gerstein, who filed this report yesterday.
Here's how Gerstein's piece begins: The U.S.
John Bellinger Sun, Oct 26, 2014, 10:37 AM
Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week.
Paul Rosenzweig Wed, Feb 1, 2017, 9:10 AM
The New York Times has this report:
A “statelike actor” infiltrated the Czech Foreign Ministry and hacked emails belonging to the foreign minister and dozens of his colleagues, in a manner similar to the breach of the Democratic National Committee’s servers, the minister announced on Tuesday.
Seamus Hughes, Bennett Clifford Wed, Jan 9, 2019, 1:44 PM
On Jan. 9, the People’s Defense Units (YPG) announced the capture of eight individuals, ostensibly foreign fighters for the Islamic State, in a series of operations conducted by the group near the town of Deir-ez-Zor in eastern Syria. Reportedly among the captured are fighters from seven different countries.
Benjamin Wittes Tue, Sep 25, 2012, 2:20 PM
John Villasenor---a Brookings colleague who is also a professor of electrical engineering at UCLA---has done a lot of policy work on domestic drone use. He writes in with the following thoughts on the Smackdown and some of the regulatory questions it raises:
Julian Davis Mortenson Wed, Oct 29, 2014, 11:19 AM
The strange little case of Zivotofsky v. Kerry casts power politics as petty paperwork. But it might be one of the most significant non-terrorism foreign affairs cases in a generation. In the broadest sense, the case is about whether the President can disregard a foreign affairs statute.
Quinta Jurecic Thu, Feb 2, 2017, 1:26 PM
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 White House Press Secretary Sean Spicer's comments on the draft State Department dissent memo regarding the President'
Matthew Kahn Sat, Jan 12, 2019, 5:07 PM
Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donald Trump after the president fired Director James Comey in May 2017.
John Bellinger Fri, Sep 28, 2012, 11:00 AM
My law partner (and former CIA General Counsel) Jeff Smith and I have an op-ed in today's Washington Post (entitled "Is It Legal to Hit Iran?" in the print edition) discussing the U.S. and international law applicable to a possible U.S. military strike against Iran.
Here are excerpts: Ideally, any military strike against Iran would also be authorized by the United Nations.
Jack Goldsmith Sun, Nov 2, 2014, 6:30 AM
A quick response to Marty Lederman’s latest post on Zivotosfsky. I confess that I do not fully understand either Marty’s or the SG’s (pp.
Rick Houghton Fri, Feb 3, 2017, 1:24 PM
On Wednesday, U.S. National Security Advisor Michael T. Flynn condemned a recent Iranian missile launch and, perhaps more significantly, put “Iran on notice.” Flynn asserted:
The . . . ballistic missile launch is . . . in defiance of UN Security Council Resolution 2231, which calls upon Iran "not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology."
Hadley Baker Tue, Jan 15, 2019, 1:13 PM
Attorney general nominee William Barr appeared before the Senate Judiciary Committee on Tuesday for the first of two days of his confirmation hearing, reports Politico. See the livestream here on Lawfare.
John Bellinger Tue, Oct 2, 2012, 11:00 AM
The Kiobel v.
Wells Bennett Wed, Nov 5, 2014, 12:27 PM
Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone companies of subscribers’ call detail records, pursuant to Section 215 of the USA PATRIOT ACT. Earlier, U.S.
Jordan Brunner Mon, Feb 6, 2017, 2:19 PM
The legal battles continue over President Trump’s executive order banning the entry of immigrants and refugees from seven Muslim-majority countries. On Friday, Judge James Robart of the U.S. District Court for the Western District of Washington issued a nationwide temporary restraining order late Friday afternoon against the implementation of the executive order. The U.S. Court of Appeals for the Ninth Circuit denied the Justice Department’s motion to stay the restraining order.
Robert Litt Thu, Jan 17, 2019, 5:20 PM
A letter this week from two Republican House members to John Durham, the U.S. attorney in Connecticut, revealed that the lawyer for former FBI General Counsel James Baker had said that Baker could not answer certain questions during his congressional testimony because Baker was the subject of a criminal investigation into leaks being conducted by Durham.
Ritika Singh Wed, Oct 3, 2012, 4:53 PM
As Matt already noted, the Senate Permanent Subcommittee on Investigations published a scathing, highly critical report about DHS’s counterterrorism fusion centers.
Jack Goldsmith Fri, Nov 7, 2014, 6:42 AM
In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, however, and will likely be even less so when a new and different-looking Congress comes to power next year. In August the emphasis was on simplicity and the narrowness of the authorization, and while simplicity and narrowness might still be appropriate, it will be harder to achieve now than then. Let’s re-consider som