Robert Loeb

rloeb's picture

Robert Loeb is a partner in Orrick, Herrington and Sutcliffe's Supreme Court and Appellate Litigation practice. The former Acting Deputy Director of the Civil Division Appellate Staff at the U.S. Department of Justice, he has handled hundreds of cases before the court of appeals and the Supreme Court. While at DOJ, he served as Special Appellate Counsel for National Security and International Law matters. Posts here express the views of the author(s) and do not necessarily reflect the views of the firm, or its clients. This post is for general informational purposes and is not intended to be and should not be taken as legal advice.

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Refugees

There was Never a National Security Need for the Travel Ban

Today, there is much pondering about the strength or weakness of the courts’ latest rulings on Trump's revised immigration Executive Order and prognosticating about what may happen on appeal or when the issue finally reaches the Supreme Court. There are also complaints from those in Trump’s camp that the courts are unduly tying the Executive’s hands from protecting this country from visa and refugee applicants that pose a potential national security risk.

Interrogation: Interrogation Abuses: Civil Liability

Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell

It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use this powerful legal tool. But in an interesting variation on the typical post-9/11 state secrets cases, this time it is the defendants rather than the plaintiffs who seek to introduce information that the government alleges may harm national security.

Military Commissions

Nashiri Update

The Nashiri saga has picked up steadily in recent weeks. We now know that in response to last June’s DC Circuit opinion alerting the Administration to constitutional Appointments Clause concerns regarding the military judges serving on the Court of Military Commissions Review, President Obama nominated two military judges—Air Force Colonel Martin T. Mitchell and Navy Captain Donald C. King—on March 14, 2016. The Senate confirmed both on April 28.