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

Transforming the US Human Rights Report to Reflect Gender Rights — and Security

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“Fight for Trump”: Video Evidence of Incitement at the Capitol

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UPDATE: Gaps in Trump’s Pardons Apply to Bannon Criminal Charges As Well

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Recap of Recent Articles on Just Security (January 16-22)

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The Demise of Arms Control Extends Far Beyond Nuclear Weapons

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Principles for a 2021 Authorization for Use of Military Force

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Shifting Contours, But the Same Solution: Swiftly Returning to the Iran Nuclear Deal

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De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation

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On Biden’s Planned Summit: Humility, Not Hubris, Can Save Democracy

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What Should Be Addressed in Austin’s Confirmation Hearing for Defense Secretary?

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US Human Rights Policy: How to Really Build Back Better

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MLK Believed “No Justice, No Peace”

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History Shows the Senate Can Hold an Impeachment Trial After Trump Leaves Office

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Ousted Autocratic Presidents and Their Backers in the Legislative Branch

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Impeachment Defense, the Constitution, and Bill of Rights

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Military Personnel and the Putsch at the U.S. Capitol

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December Brought Harbingers of the Regulation Social Media Companies Could Soon Face

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Questions to Guide an Investigation of the Capitol Attack

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Incitement Timeline: Year of Trump’s Actions Leading to the Attack on the Capitol

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How New Congress Can Shine Light on Trump Era and Persisting Abuses

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The Promises of FOIA in 2021: A Ready Pathway to Accountability

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20 Most Read Just Security Articles in 2020

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Please Support Just Security With a Tax-Deductible Donation

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SolarWinds as a Constitutive Moment: A New Agenda for the International Law of Intelligence

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Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.

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Shifting Norms About Secretary of Defense Has Long-Term Consequences: On the Austin Nomination

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Top Expert Backgrounder: Russia’s SolarWinds Operation and International Law

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Pandemic Consequences: The Acceleration of Confrontational Politics

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Beyond the ICC: Repositioning the Core of International Accountability

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Reviving the US Commitment to Women’s Rights and Gender Equality: The UN Commission on the Status of Women

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Representation at the Top: The Importance of Race in the Austin Nomination Debate

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We Can’t “Look Forward” on the Trump Administration’s Abuses

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The UDHR, Digital Authoritarianism, and Human Rights after Trump

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Addressing Our Whole-of-Government Deficit in National Security

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New Zealand Pushes the Dialogue on International Cyber Law Forward

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Global Kleptocracy as an American Problem

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The Need for More Chris Stevenses

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Climate Change, National Security, & the New Commander-in-Chief

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Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech

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Getting the T’s and C’s Right: The Lessons of Intelligence Reform

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How I Came to Support the Treaty Prohibiting Nuclear Weapons

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Revisiting the Office of Legal Counsel’s Override Opinion

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Nestlé & Cargill v. Doe: Introduction to a Symposium

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How to Restore Ethics to the U.S. Department of State

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A Landmark Report on Starvation as a Method of Warfare

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The Urgent Need to Restore Independence to America’s Politicized Immigration Courts

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COVID-19 and International Law Series: Introduction

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A Letter to President-Elect Biden on Restoring Relations with the Intelligence Community

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Turning the Page: A Biden Presidency and the Role for Us

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Good Governance Paper No. 19: The Criminal Legal System — Toward a Paradigm Shift

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Good Governance Paper No. 18: Reforming Emergency Powers

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Good Governance Paper No. 14: War Powers Reform

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The Necessity of Enforcing Humanitarian Law and Human Rights in the Context of Counterterrorism

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Good Governance Paper No. 8: How to Strengthen Oversight by Congress

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A Transatlantic Plan for Racial Equity and Justice

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

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

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

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A Topical Index of COVID-19 Articles on Just Security

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

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The Good Governance Papers: An Introduction

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

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Is the United States Heading for a Rural Insurgency?

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

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An Enduring Impasse on Autonomous Weapons

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

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

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

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QAnon is a Nazi Cult, Rebranded

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

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Immigration Maximalism at the Supreme Court

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

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

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Beyond Color-Blind National Security Law

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

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

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

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

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The Surprising Convergence Between Neo-Nazis and Jihadis

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Black Security and the Conundrum of Policing

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Racing National Security: Introduction to the Just Security Symposium

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

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

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

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

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

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

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Jurisdiction at Guantanamo: The Case of Long-Term Complicity

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

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

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

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

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The Perils of Hyping Pandemic Response as a National Security Issue

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Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

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What Counts As Sufficient Transparency on Civilian Casualties in Somalia

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WhatsApp v. NSO Group: State Immunity and Cyber Spying

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Deepfakes 2.0: The New Era of “Truth Decay”

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

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

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Don’t Bother Suing China for Coronavirus

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

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Biopharma: The Next National Security Frontier

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A Chance to Fix FISA

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

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New Online Resource: War Powers and Presidential Practice

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

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Confronting Russia’s Role in Transnational White Supremacist Extremism

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

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

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The Crossfire Hurricane Report’s Inconvenient Findings

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

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Guidelines on Investigating Violations of International Humanitarian Law

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

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

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

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Need for Change to Protect Children in Armed Conflict

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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).

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