Rosenstein’s potential recusal from the Russia Investigation raises a number of important questions, including how much longer he can stay on as Deputy Attorney General and how Associate Attorney General Rachel Brand might supervise the investigation going forward as Acting Attorney General for the matter.
Latest in Executive Power
The Constitution does not give the President the exclusive power to control all federal law-enforcement investigations—and to shut any of them down for any reason the President sees fit.
Today the Ninth Circuit hears oral argument in Hawaii v. Trump at 12:30 pm ET. Follow our liveblog here.
An en banc Fourth Circuit hears argument on Executive Order 13,780.
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Project Democracy has filed suit under the Freedom of Information Act to obtain the President's legal justification for his administration's strikes against a Syrian airbase.
Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"
Alan Z. Rozenshtein, a former contributor to Lawfare who now works at DOJ, has a new article forthcoming in Stanford Law Review, "Surveillance Intermediaries," analyzing the role of corporate actors such as Apple, Google, Facebook, and others, that dominate digital communications and data storage, situated between government and targets of surveillance.
Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With
A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat
Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly
Given concern whether there are legitimate national security grounds on which to defend the President's executive order on refugees, Secretary Kelly will have to make a tough call about whether to sign his name to the revised EO.
The use of TROs to halt enforcement of Trump's immigration EO points to an effort by the courts to avoid the impulsiveness that marred the EO itself.
A few thoughts on making national security arguments, following the government's oral argument made last evening in State of Washington & State of Minnesota v. Trump and a cursory review of the filings made in that case.