DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order

by

March 7, 2016

is here; I have not yet read it. It will be considered by Judge Margo Brodie. 

Featured Articles

Good Governance Paper No. 7: Executive Branch Vacancies

by

A Transatlantic Plan for Racial Equity and Justice

by , and

Good Governance Paper No. 6 (Part Two): Domestic Military Operations — The Role of the National Guard, Posse Comitatus Act and More

by

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy

by and

We Cannot Condone the Myanmar Government’s Lies with Silence

by and

A Blueprint for the Future: The CIA in 2021 and Beyond

by and

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

by and

The 116th Congress’s Record on International Human Rights: The Good, the Bad, and the Unfinished Business

by

The President and Immigration Law: The Danger and Promise of Presidential Power

by

We the People: Lessons from Africa for Defeating Authoritarianism in 2020 U.S. Election

by

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead

by

Recap of Recent Articles on Just Security (Oct 12-16)

by

A Topical Index of COVID-19 Articles on Just Security

by

Turkey Fuels Nagorno-Karabakh Conflict: Drones, Mercenaries and Dreams of Imperial Resurgence

by

Facebook and Twitter’s Handling of New York Post Hunter Biden Story Bodes Poorly for Post-Election Period

by

Timeline of the Coronavirus Pandemic and U.S. Response

by and

Good Governance Paper No. 3: Investigating a President

by

App Stores as Back-Doors for Government Regulation of End-to-End Encryption

by

The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform

by

The Good Governance Papers: An Introduction

by , , and

Nonviolent Civic Action May Help Defend the Integrity of the Election

by

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

by and

The President and Immigration Law: Introduction to a Just Security Series

by and

Lincoln and that Supreme Court Vacancy: A Deference to Democracy

by and

Recap of Recent Articles on Just Security (Oct 5-9)

by

New Financial Sector Sanctions will Eviscerate Humanitarian Trade with Iran

by

Prosecuting the ISIS “Beatles:” A testament to dedicated US government professionalism

by

Six Disinformation Threats in the Post-Election Period

by

Military Medical Ethics and Dr. Conley’s Misrepresentations of the President’s Health

by and

Navigating a Contested Election, the Electoral Count Act and 12th Amendment: How to Ensure a Fully Counted Outcome

by and

Consequences of Federal Failure: Lessons from New York City in the Pandemic

by

Is the United States Heading for a Rural Insurgency?

by

The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide

by , , , , , and

Senate Procedures Offer No Hope for Dems on Supreme Court Nominee

by

Reengaging on Treaties and Other International Agreements (Part I): President Donald Trump’s Rejection of International Law

by

Banning Apps Is a Dangerous Practice for Free Speech

by

Global Health Is National Security

by

GIFCT: Possibly the Most Important Acronym You’ve Never Heard Of

by

Ten Quick Takeaways from the New York Times’ Bombshell Article on Trump’s Tax Returns

by

An Enduring Impasse on Autonomous Weapons

by

The US “Snapback” Against Iran – Bad Politics and Flawed Law

by

All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act

by and

Trapped in a Pandemic: Iran’s Political Prisoners Face COVID-19 Behind Bars

by

Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries

by , and

The Verdict in the Khashoggi Murder Isn’t Final By Any Stretch

by and

Justifying Absolute Political Control over DOJ, Barr Promotes Myth of Unaccountable Career Prosecutor

by

Prepare for the Worst and Fight for the Best: A Citizen’s Guide to 2020 Electoral Interference

by and

At Least 15 Trump Officials Do Not Hold Their Positions Lawfully

by

Whistleblower: DHS Suppressed Reports on Central America and Inflated Risk of Terrorist Border-Crossers

by

Mass Job Losses and Other Economic Costs of President Trump’s Inaction on Coronavirus

by

Déjà Vu All Over Again: Racial Disparity in the Military Justice System

by and

On 9/11, Interrogating the Assumptions that Undergird the “Forever War”

by

9/11’s Long Shadow: What’s at Stake in Afghanistan

by

QAnon is a Nazi Cult, Rebranded

by

Time to Fix a Broken Declassification System

by and

The Int’l Criminal Court Executive Order: Global Reactions Compiled

by

Bill Barr’s Hidden Truths About Justice Department’s Rule of Forbearance in an Election

by

Finding the Right U.S. Defense Leaders

by

State Dept. Inspector General Report: A Troubling Message on Arms Sales

by and

Timeline: The Trump Administration and the U.S. Postal Service

by

The Cost of Resilience: The Roots and Impacts of the Beirut Blast

by

How the US and the EU Can Support Belarus Amid Its Historic Protests

by

I Resigned from U.S. Government After My Own Leaders Began to Act Like the Autocrats I Analyzed

by

The OSCE: A Bulwark Against Authoritarianism

by and

Lebanon’s Peace Cartel is Irredeemable – How Donors Choose to Help Can Tip the Scales

by

Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

by

US Court Skirmishes Over Deadline’s Validity Leave ERA in Limbo

by

Immigration Maximalism at the Supreme Court

by and

The Second Oxford Statement on International Law Protections of the Healthcare Sector During Covid-19: Safeguarding Vaccine Research

by , , , , , and

An Open Letter to Connecticut U.S. Attorney John Durham

by

New Technologies, New Problems – Troubling Surveillance Trends in America

by and

Exploring Some Limitations to the ICC’s Ability to Charge US Officials with Contempt

by

Canada’s Scattered and Uncoordinated Cyber Foreign Policy: A Call for Clarity

by , and

Beyond Color-Blind National Security Law

by

A Threat or A Warning: Russia’s Weapons Testing in Space

by and

Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

by and

An Exercise in Doublespeak: Pompeo’s Flawed “Unalienable Rights” Commission

by , and

China’s Forced Sterilization of Uyghur Women Violates Clear International Law

by

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

by and

The Best Way to Improve on New START Is By Extending It

by

Former DHS and Defense Dept Spokesperson: Trump’s Response to Civil Unrest in Portland is Damaging to Our Government and Our Democracy

by

What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis

by

The President’s Private Army

by

What Myanmar Is and Is Not Doing to Protect Rohingyas from Genocide

by

Why 27 Distinguished DC Lawyers Filed a Complaint with Bar Association Against Attorney General Barr

by

Trump Administration’s Women, Peace and Security Plans: Blueprint for Action or Empty Promises?

by

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

by

The Surprising Convergence Between Neo-Nazis and Jihadis

by

Vehicle Ramming: The Evolution of a Terrorist Tactic Inside the US

by

What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower

by

Black Security and the Conundrum of Policing

by

Secretary Pompeo’s Surprising Defense of International Law, Allies, and the Law of the Sea Convention

by

Racing National Security: Introduction to the Just Security Symposium

by

Regarding Those Marijuana Mergers: A Response to Accusers Who Question the DOJ

by

An Incremental Step Toward Stopping Forever War?

by , and

Trump Pushed CIA to Give Intelligence to Kremlin, While Taking No Action Against Russia Arming Taliban

by

Mexico’s Priorities as an Elected Member to the Security Council for 2021-2022

by and

Unpacking the National Intelligence Council’s Memo on Russian Bounty Operation

by and

Patriotism and Justice on an Unusual Independence Day

by

Welcoming E. Tendayi Achiume, Barbara McQuade, and Matiangai Sirleaf to Just Security’s Board of Editors

by and

First They Came For Me and My Colleagues: The U.S. Attack on the Int’l Criminal Court

by

I help children in armed conflict. The President is forcing me to stop.

by

A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses

by , and

A Rejoinder to China’s Response to UN Human Rights Experts

by

11 Top Antitrust Experts Alarmed by Whistleblower Complaint Against A.G. Barr—and Office of Professional Responsibility’s Opinion

by

The United Nations Charter at 75: Between Force and Self-Defense — Part Two

by

How Inter-State Procedures in Human Rights Treaties Can Support the Black Lives Matter Movement

by

Statement of Homeland and National Security Leaders

by

The Strength of America’s Apolitical Military

by , and

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

by and

Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

by

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

by

A Bipartisan Push in Congress to Fight the ‘Parallel Pandemic’ of Human Rights Abuses Abroad

by and

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

by

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

by

Nuclear Arms Control, or a New Arms Race? Trump Seems Bent on the Latter.

by

Advancing Rights and Justice During a Pandemic: An Online Event Series

by and

A Conversation With U.N. Special Rapporteur David Kaye: COVID-19 and Freedom of Expression

by

Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

by , , and

Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

by

The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

by

What the Pandemic Tells Us About the State of U.S. Cybersecurity

by and

The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States

by

The Perils of Hyping Pandemic Response as a National Security Issue

by and

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

by , , and

Why We Filed a FOIA Request on How Many US Troops Are in Afghanistan, Iraq, and Syria

by and

Assessing Emergency Powers During #COVID-19

by , and

What Counts As Sufficient Transparency on Civilian Casualties in Somalia

by

Seek and Speak the Truth

by

WhatsApp v. NSO Group: State Immunity and Cyber Spying

by and

Deepfakes 2.0: The New Era of “Truth Decay”

by and

The Time has Come to Have a Conversation at the U.N. on Self-Defence

by

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

by

Don’t Bother Suing China for Coronavirus

by

COVID-19 Shows How the U.S. Got National Security Wrong

by

Biopharma: The Next National Security Frontier

by

A Chance to Fix FISA

by

Former Officials Challenge Pompeo’s Threats to the International Criminal Court

by , , , , and

The Soleimani Strike and the Case for War Powers Reform

by

The Defense Department’s Measured Take on International Law in Cyberspace

by

New Online Resource: War Powers and Presidential Practice

by and

For House, Senate National Security Committees, Stopgaps for Term Limits

by

Punching on the Edges of the Grey Zone: Iranian Cyber Threats and State Cyber Responses

by

Please Support Just Security with a Tax-Deductible Donation

by

Confronting Russia’s Role in Transnational White Supremacist Extremism

by and

Reading Between the Votes: 53 Senators Say Trump Guilty on the Facts

by

International Criminal Court and the Question of Palestine’s Statehood: Part II

by

Compilation of States’ Reactions to U.S. and Iranian Uses of Force in Iraq in January 2020

by and

Iran’s Leaders Preserve the Republic With a Hybrid of International and Islamic Law

by

The Need for Increased Amicus Role in the FISA Process

by

U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment

by

Reevaluating Our Counter-Terrorism Information Sharing Methods

by

Lawful Self-Defense vs. Revenge Strikes: Scrutinizing Iran and U.S. Uses of Force under International Law

by and

Iran’s Unlawful Reprisal (and Ours)

by

United States Killed Iraqi Military Official and Iraqi Military Personnel in the Two Recent Attacks

by

Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

by and

The Crossfire Hurricane Report’s Inconvenient Findings

by

Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?

by

Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

by

Climate Change Denialism Poses a National Security Threat

by

What’s the New Terror Financing Executive Order All About?

by

Guidelines on Investigating Violations of International Humanitarian Law

by , and

Expert Summaries of Mueller Report: A Collection

by , , , , , , , , , , , , , , , and

Army and Marine Corps Publish New Manual: The Commander’s Handbook on the Law of Land Warfare

by

Guide to the Mueller Report’s Findings on “Collusion”

by

Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

by , and

Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36

by , and

Need for Change to Protect Children in Armed Conflict

by and

View all »
Filed under:
About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).

Read these related stories next:

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

June 9, 2020 by

Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

May 29, 2020 by

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

May 1, 2020 by

US Christine Levinson (C), the wife of ex-FBI agent Robert Levinson, her son Daniel (L) and her sister Susan (R) hold a press conference at the Swiss embassy in Tehran

Iran’s Murder of an American, CIA Contractor Bob Levinson, Suggests Impunity at Home Too

April 7, 2020 by

The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

A Response to “End the FISA”: Why It’s a Good Law and Sound Policy

March 13, 2020 by

About Those FBI Counterterrorism Assessments …

March 6, 2020 by

A Model for Countering Foreign Disinformation and Interference in Elections

March 5, 2020 by and

The FBI and Apple Redux

February 27, 2020 by

The U.S. House Judiciary Committee meets to consider articles of impeachment against President Donald Trump at the Longworth House Office Building on Thursday December 12, 2019 in Washington, DC.

Congress Is Ready for FISA Reform — Will the House Judiciary Committee Rise to the Occasion?

February 25, 2020 by

Deciphering the FISC’s Order on the Carter Page FISA Application

February 5, 2020 by

Pumping the Brakes a Bit on FISA “Reform”

January 23, 2020 by

U.S. Justice Department Inspector General Michael Horowitz testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill June 18, 2018 in Washington, DC.

The Crossfire Hurricane Report’s Inconvenient Findings

December 11, 2019 by