Legal

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Office of Management and Budget Issues a Memo on Withholding Ukraine Aid

The Office of Management and Budget has released a memo defending the legality of its decision to withhold military aid to Ukraine–about which questions have been raised in connection with the impeach...

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Nov. 19 Volker and Morrison Impeachment Hearing Opening Statements

In the afternoon on Nov. 19, the House Intelligence Committee held a public hearing in its impeachment inquiry of President Donald Trump. The committee heard testimony from Tim Morrison, the former se...

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Winter 2023 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials'

Here is the Winter 2023 supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020). This supplement covers, among other things, foreign relations law issues...

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The Lawfare Podcast: One Year Since the Kidnapping of Elizabeth Tsurkov

One year ago, Elizabeth Tsurkov, a graduate student at Princeton University, was abducted by the terrorist organization Kata'ib Hezbollah in Baghdad, where she was doing fieldwork. Since that day, her...

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The Situation: In Defense of Merrick Garland

The Situation on Friday imagined a firing that would trigger a crisis. Today I want to say a few words in defense of an outgoing official of seemingly endless unpopularity: Attorney General Merrick Ga...

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The Situation: Gaetz Goes Down

Taking wins where I can find them. The Situation yesterday asked whether flooding the zone with shit was a viable path to securing the confirmation of a cabinet. Today we say goodbye to Matt Gaetz. Wh...

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What to Make of the Johnson-Grassley Report on Biden and Burisma

The report doesn't break any new ground and highlights the decline of the Senate Homeland Security and Governmental Affairs Committee. Seven months into a crippling pandemic and with wildfires ablaze ...

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Two Bills and the Congressional Divide Over Section 702 Reauthorization

The clock is ticking on reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. It’s easy to overlook the simmering legislative debate amid the wars, natural disasters, and politi...

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The Second Circuit Rules in United States v. Hasbajrami

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 que...

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House Passes Section 702 Reauthorization

The House narrowly rejected a warrant requirement in a bill that reauthorizes FISA Section 702 for two years. The House of Representatives voted on Friday to reauthorize Section 702 of the Foreign Int...

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FISA Court’s Section 702 Opinion and Memo, Explained

Background On May 19, the Office of the Director of National Intelligence (ODNI) authorized the release of an unsealed Foreign Intelligence Surveillance Court (FISC) memorandum opinion and order from ...

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CISOs, Don’t Ignore the FISA Section 702 Debate

Chief information security officers (CISOs) in the U.S. and abroad may not realize the stake they have in a congressional battle shaping up this year. The two of us have spent our careers advising CIS...

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Should American Spies Steal Commercial Secrets?

The past decade has almost completely overturned a generation of American consensus on the value of free markets and free trade. Both the Democratic and Republican parties have abandoned neoliberal ec...

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Mum’s the Word on FISA Section 702 Reauthorization

Successful reforms from last year’s reauthorization may sell a clean extension in 2026. Nobody is saying much about plans in Washington to take up reauthorization of Section 702 of the Foreign Intelli...

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The ‘Mosaic’ Method and the Value of CIA Names to U.S. Adversaries

On Feb. 5, The New York Times reported: One of the most fundamental principles of counterespionage, inculcated into CIA officers from their very first day on the job, is the " mosaic " concept. Indivi...

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How FBI Querying Under FISA Section 702 Works

Since its enactment in 2008, the electronic surveillance program established under Section 702 of the Foreign Intelligence Surveillance Act (FISA) has been controversial, in large part because America...

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Smart Phones at the Border: What Does the Fourth Amendment Protect?

When Jatiek Smith arrived at Newark airport on a flight from Jamaica in March 2021, agents with Customs and Border Protection (CBP) processed a request from the FBI to search Smith, whom the FBI was i...

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Supreme Court Rules in FBI v. Fazaga

The Supreme Court unanimously held that the Foreign Intelligence Surveillance Act does not displace the state secrets privilege. In a unanimous decision issued on March 4, the Supreme Court ruled in F...

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The Lessons of the Electoral Count Reform Act: Next Steps in Reform

The Electoral Count Reform Act (ECRA), which President Biden signed into law on Dec. 29, 2022, is nothing short of a miracle in the annals of democracy reform. It would merit that recognition at any t...

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Lawfare No Bull: Six Hours Worth of Motions Arguments in Fulton County

Today on Lawfare No Bull : On Dec. 1 in Fulton County, Judge Scott McAfee heard arguments from the State and several of the 15 defendants on a number of motions related to First Amendment concerns, th...

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