Executive Power
The Terrible Arguments Against the Constitutionality of the Mueller Investigation
George Conway Mon, Jun 11, 2018, 5:54 PM
There is no serious argument that Robert Mueller’s appointment violates the Constitution.
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U.S. Supreme Court
Understanding the Supreme Court’s Carpenter Decision
Orin Kerr Fri, Jun 22, 2018, 1:18 PMA primer on the privacy ruling the Supreme Court handed down on Friday.
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Federal Law Enforcement
Trump’s Zero Tolerance Immigration Policy Leaves No Room for Discretion
Barbara McQuade Fri, Jun 22, 2018, 7:00 AMDonald Trump’s “zero tolerance” policy on immigration ignores what may be the most important component of effective law enforcement—prosecutorial discretion.
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Immigration
Legal Considerations for Separating Families at the Border
Carrie Cordero Tue, Jun 19, 2018, 11:50 AMThe Trump administration practice of separating families at the border is clearly immoral. It may be illegal as well.
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Donald Trump
My Mistakes: The Witness Tampering Case Against Manafort and the Inspector General Report
Paul Rosenzweig Sat, Jun 16, 2018, 9:32 AMA mea culpa on the witness tampering case against Paul Manafort and the merits of Rod Rosenstein's memo in support of James Comey.
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U.S. Supreme Court
Summary: The Supreme Court Rules in Carpenter v. United States
Sabrina McCubbin Fri, Jun 22, 2018, 2:05 PMWhat the court said in Friday's privacy ruling.
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Executive Power
Self-Pardons: The President Can't Pardon Himself, So Why Do People Think He Can?
Philip Bobbitt Wed, Jun 20, 2018, 2:53 PMWhy have thoughtful lawyers concluded that the president may constitutionally pardon himself when the conventional determinants of constitutionality so consistently indicate the opposite?
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Immigration
Who’s Really Crossing the U.S. Border, and Why They’re Coming
Stephanie Leutert Sat, Jun 23, 2018, 10:04 AMDespite what the president says, there’s not a flood of people racing across the border, and the majority of migrants aren’t dangerous criminals.
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Terrorism
Where Will the Islamic State Go Next?
Daniel Byman Fri, Jun 22, 2018, 9:00 AMThe group has gone underground. It’s time to think about where it might show up next.
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Federal Law Enforcement
Nine Takeaways From the Inspector General’s Report on the Clinton Email Investigation
Autumn Brewington, Victoria Clark, Susan Hennessey, Quinta Jurecic, Matthew Kahn, Benjamin Wittes Thu, Jun 14, 2018, 11:02 PMThe 500-page Justice Department report underscores that the investigation has no simple narrative arc.
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Federal Law Enforcement
James Comey’s 'Higher Loyalty' and His Response to the Inspector General Report
Bob Bauer Tue, Jun 19, 2018, 7:00 AMThere is a curious tension, if not an inconsistency, between the former FBI director's stress on the imperative of individual ethical decision-making and his endorsement of the IG process.
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Homeland Security
The Ethics of Separating Families at the Border
Carrie Cordero Thu, Jun 14, 2018, 7:00 AMA former civil servant reflects on reports of Customs and Border Protection agents forcibly removing children from their parents.
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Podcasts
Rational Security: Special Edition: Rational Security + Bombshell
Jen Patja Howell Thu, Jun 21, 2018, 11:32 AMThe gang from Bombshell joins us for a roundup of the week’s news: President Trump signs an order to keep immigrant families together, trying to defuse a crisis of his own making. Is the U.S. in a trade war with China? And get ready for Space Force!
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Executive Power
Trump’s Corrupt Use of the Pardon Power
Mark Greenberg, Harry Litman Tue, Jun 19, 2018, 10:35 AMThis president’s grants of clemency have debased the pardon power and are an affront to the justice system and the rule of law.
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Book Reviews
Predicting War
Michael Neiberg Tue, Jun 19, 2018, 2:00 PMReview of Lawrence Freedman’s “The Future of War: A History” (Public Affairs, 2017).
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U.S. Supreme Court
Summary: The Supreme Court Rules in Ortiz v. United States
Harry Graver Sat, Jun 23, 2018, 11:15 AMWhat the court said in Friday's ruling on dual officeholding.
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Detention & Guantanamo
Documents: Saifullah Paracha v. Donald J. Trump
Victoria Clark Fri, Jun 22, 2018, 11:55 AMThe government has filed a brief in opposition before the Supreme Court regarding Saifullah Paracha's petition for a writ of certiorari over whether certain statutory restrictions regarding the release or transfer of Guantanamo detainees constitute bills of attainder. Paracha, a Pakistani national who has been detained at Guantanamo Bay since 2004, initially filed his petition on Sept. 26, 2017 after the U.S. Court of Appeals for the D.C.
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Podcasts
The National Security Law Podcast: It’s a Girl!
Steve Vladeck, Robert Chesney Fri, Jun 22, 2018, 9:21 AMBefore getting into the run of this week’s show: Congratulations to Steve and Karen on the birth of their daughter!!!
Meanwhile, in the wild wacky world of national security law, what a week it was. We’ve got:
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Podcasts
The Lawfare Podcast: Michael Hayden on 'The Assault on Intelligence'
Jen Patja Howell Sat, Jun 23, 2018, 1:30 PMGen. Michael Hayden has served as the head of both the Central Intelligence Agency and National Security Agency—and he says that intelligence is under attack. In his latest book, “The Assault on Intelligence: American National Security in an Age of Lies,” Gen. Hayden argues that in what he calls a post-truth world, the United States needs its intelligence community now as much as ever. All the more reason to be concerned about the president’s repeated attacks on it.
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U.S. Supreme Court
Document: Supreme Court Rules in Carpenter that Law Enforcement Must Seek Warrant for Cell-Site Location Information
Matthew Kahn Fri, Jun 22, 2018, 10:26 AMThe Supreme Court ruled on Friday in Carpenter v. United States that the acquisition of cell-site data is a Fourth Amendment search. The full opinion is below.