Why the immigration initiative has nothing to do with assertions of executive constitutional power

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November 21, 2014

My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies. 

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Explainer: Rosenstein’s Potential Departure and What Comes Next for Russia and Hush Money Investigation

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We Have Nothing to Fear But FEAR Itself

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Recap of Recent Pieces on Just Security (September 15-21)

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Putin Had a Win-Win Strategy for Life Post-2016; Trump, Not So Much

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Does Trump Have Legal Authority to Follow Through on John Bolton’s Threats to the Int’l Criminal Court?

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Bolton, the ICC and the Rohingya

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Grading the Pompeo Certification on Yemen War and Civilian Protection: Time for Serious Reconsideration

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Trump’s Ability to Classify Mueller Report Is Greater Threat Than Executive Privilege

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Recap of Recent Pieces on Just Security (September 8-14)

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Rear Admiral Hutson: Why Senators Should Vote No on Kavanaugh

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Executive Privilege and the Public Interest: Why the President Can’t Block Release of the Mueller Report

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It’s a Start – Why the Global Compacts on Refugees and Migration Matter

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Woodward’s Book Places Trump’s Policy on Afghan War in a Good Light–But his leadership ultimately falls short

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Why John Bolton vs. Int’l Criminal Court 2.0 is Different from Version 1.0

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Ambass. David Scheffer on John Bolton’s Announcement of “Ugly and Dangerous” Punitive Actions against Judges, Prosecutors of Int’l Criminal Court

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Rudy’s Red Herring: Mueller’s Final Report and Executive Privilege

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Trump’s Disrespect for the Rule of Law Spreads

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New UN Report Says All Parties to Yemen Conflict May be Responsible for War Crimes

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Judge Kavanaugh’s Testimony on His Constitutional View of Presidential Immunity is Misleading—and It Also Clinches the Case for Recusal

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U.S. Bombing of Drug Labs in Afghanistan Is Counterproductive to Fighting the Taliban

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A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests

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U.N. Peace Operations Should Get Off the Counter-Terror Bandwagon

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Exclusive: U.N. Human Rights Experts Meet With Facebook on “Overly Broad” Definitions of Terrorist Content

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Guantanamo is No Answer–But Here’s What Can Work

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Security Clearance Records, FOIA, and Privacy: What Went Wrong for Abigail Spanberger

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The President’s Personal Assault on Bruce Ohr—and its dangerous effects

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What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment

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Flaws in (Use of) Harris Poll on Brennan’s Security Clearance

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Condolence Payments for Civilian Casualties: Lessons for Applying the New NDAA

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New Russia Sanctions, Putin’s Economy, and the Shadow Over Planned U.S.-Russia Business Group

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Three Options for Prosecuting a President’s Offences—Plus a Wildcard

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The Campaign Finance Case Against Donald Trump is a Strong One: Just Ask John Edwards’ Prosecutors

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Tech Companies Are Still Slow Walking Disclosures of Election Interference and Controlling Hate Speech

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Why I Signed the Former CIA Officials’ Letter on Clearances: In Defense of Rule of Law

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DHS Spins the Border Numbers… Again

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Trump Could Learn from Gore on How to Handle an Election Interference Scandal

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Election Interference Is Just a Symptom. Evaporation of Trust is the Disease.

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Al-Qaeda and ISIS are on Their Heels in Yemen, But Will Return Unless We Help Build a Lasting Peace

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Lawmakers in UK and US Propose Sweeping Changes to Tech Policies to Combat Misinformation

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Reports: Carter Page Was Subject to FISA Warrant in 2013/2014

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Security Clearance Removals and Presidential Politicization of Intelligence

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If Trump Revoked Critics’ Security Clearances, Could They Sue?

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Two Important New Civilian Casualties Provisions in the Defense Authorization Bill

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What Judge Kavanaugh’s “Originalism” Means for the Country

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Setting the Record Straight: Brett Kavanaugh’s Views on Criminal Investigation of the President

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Information Operations are a Cybersecurity Problem: Toward a New Strategic Paradigm to Combat Disinformation

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Time for a Reckoning in Yemen

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Studies: Mass Detention of Migrant Families is Unnecessary, Inefficient

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The Broad Reach of Carpenter v. United States

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In Saudi Arabia, Countering Terrorism Becomes Chimera for Rights Abuses

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Paul Manafort = Evidence of Collusion

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The Technicolor Zone of Cyberspace, Part 2

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OLC’s Formal (and Remarkably Broad) Defense of the April Syria Strikes

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UPDATE: Mapping States’ Reactions to the Syria Strikes of April 2018

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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center Follow him on Twitter (@marty_lederman).

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