Homeland security issues have emerged as among the most critical facing our country. Massive hurricanes devastated large swaths of the United States in 2017, the recovery from which is not over. Hostile governments and criminal groups have targeted American cyber and critical infrastructure, including U.S. elections. Ebola and Zika originated abroad but emerged at America’s shores. Central American asylum seekers have overwhelmed U.S. border authorities, while Washington has been paralyzed over disputes about how to respond.
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This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. This issue is of general importance and has become particularly important in the current legal debates about whether the U.S.
When the Mueller investigation began in May 2017, many people hoped that it would shed light on what was perhaps the central question regarding Russia’s intervention in the 2016 U.S. election: whether the Trump campaign actively colluded with the Russian government’s interference operation.
Today is the 195th birthday of the Monroe Doctrine. On December 2, 1823, President James Monroe proclaimed in his Seventh Annual Message to Congress that the United States would oppose any European efforts to colonize or reassert control in the Western Hemisphere:
Today is the anniversary of, by some measures, the U.S. military’s worst battlefield defeat ever. On Nov. 4, 1791, U.S. military forces, under the command of Northwest Territory Governor and U.S. General Arthur St. Clair, were routed by a confederacy of Native American tribes near the Wabash River in present-day Ohio. Although Indian Wars rarely feature much in discussions of constitutional war powers, they were among the most urgent threats facing the new republic. “St.
A recurring question in law-of-digital-evidence investigations is how the Fifth Amendment applies to acts of compelled decryption. In these cases, the government gets an order directing a person to enter a password to unlock a device. The subject of the order then pleads the Fifth. How should a court rule? I wanted to flag two of my recent writings on this issue.
We have complementary articles about the proper conception of lawyering for the president in times of crisis in the most recent issue of the Georgetown Journal of Legal Ethics that we thought might be of interest to Lawfare readers.
I am very pleased to share this news: An annual prize for outstanding national security law scholarship has been established in the name of our colleague Mike Lewis, who passed away in 2015.
On Tuesday, our friend and colleague Aziz Huq posted to ACSblog a fairly critical assessment of national security law scholarship—and, indeed, national security law as an academic discipline, writ large.
The Intelligence Studies Project of the University of Texas at Austin announces the second round of an annual competition recognizing outstanding student research and writing on topics related to intelligence a