The U.S. Court of Appeals for the Second Circuit found that incidental collection of U.S. persons’ communications under Section 702 does not violate the Fourth Amendment, but raised constitutional questions related to querying databases containing these communications.
Jacques Singer-Emery is a student at Harvard Law School and previously spent four years in the New York Police Department (NYPD), first as a policy advisor to Police Commissioner Bratton and then as a Case Analyst for the NYPD Intelligence Bureau. He is the Editor-in-Chief of the National Security Law Journal and a researcher for Professor Philip Heymann and Professor Blum. Jacques graduated Magna Cum Laude from Princeton University in 2013.
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Then-Rep. Gerald Ford once defined an impeachable offense as “whatever a majority of the House of Representatives considers it to be at a given moment in history.” But legal scholars have concluded that impeachment is considerably more law-governed, and constrained, than Ford suggested. They draw on clues from the Founders, the text and structure of the Constitution, and the history of presidential impeachments (and near-impeachments) to make varying arguments about the impeachment power and the range of impeachable offenses.
Russell Vought, the acting director of the Office of Management and Budget (OMB), announced on Twitter that he and Michael Duffy, an OMB political appointee, are refusing to be deposed by House committees pursuing an impeachment investigation. With this in the news, it is worth revisiting OMB’s delay in releasing nearly $400 million in foreign assistance to Ukraine.
Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held up by delays in the publication and release of relevant transcripts, this post summarizes these proceedings and identifies several areas of potential interest, including testimony from two FBI special agents regarding their interviews with the defendants and their prior knowledge of alleged torture by the CIA.
One of the most damning allegations in the whistleblower complaint is that President Trump pressured Ukrainian President Volodymyr Zelensky to investigate former Vice President Joe Biden and his son by withholding congressionally approved military aid.
Update on the Military Commissions: Continued Health Issues, Recusal Motion and a New Cell in 'al-Iraqi'
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened Aug. 21-28. You can find previous Lawfare coverage here and here.
Summary: Government’s Management of the Terrorist Screening Database Violates Citizens’ Constitutional Rights, Court Rules
On Sept. 4, the U.S. District Court for the Eastern District of Virginia issued a decision in Elhady v. Kable—a case that challenges how the federal government manages the Terrorist Screening Database (TSDB), colloquially known as the “watchlist.” Judge Anthony Trenga’s opinion granted the plaintiffs’ motion for summary judgment and found that U.S.