Supreme Court Denies EPIC Petition for Mandamus on the Telephony Metadata Program

by

November 18, 2013

Without comment or dissent. No surprise.  As expected, then, the action turns to the several cases that have been filed in district court, two of which are being argued this week. 

Featured Articles

Recap of Recent Articles on Just Security (Oct. 14-18)

by

Bureaucratic Resistance and the Deep State Myth

by

How to Address Newly Revealed Abuses of Section 702 Surveillance

by and

Bill Barr’s Witch Hunt

by and

Timeline: Trump, Giuliani, Biden, and Ukrainegate (updated)

by and

Reassessing U.S. Cyber Operations Against Iran and the Use of Force

by

Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States

by

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

by

Career U.S. Officials Testifying to Congress: A Guide from Co-Equal

by , and

Turkey’s Actions Trigger All States’ Obligations to Prosecute War Crimes by Turkish Forces

by and

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

by

The Netherlands Releases a Tour de Force on International Law in Cyberspace: Analysis

by

Recap of Recent Articles on Just Security (Oct. 7-11)

by

The Need for a Bipartisan Stand Against the White House Counsel Letter 

by

White House Letter Distorts Both Law and History on Impeachment

by

Two Major Distortions in the White House’s Scorched Earth Letter to Congress

by

18 Years After 9/11, Why Is Guantánamo Still Open?

by

A Formal Vote to Authorize Impeachment Won’t Fix White House Obstruction — And Could Create More Roadblocks

by

Returning Foreign Fighters and Their Families Takes on New Urgency After Trump’s Syria Decision

by

The Real Decline of OLC

by

Open Letter Explains How Responsible Whistleblowers Make America Safer

by

Overwhelming Confirmation of Whistleblower Complaint: An Annotation

by and

Congress Wakes Up, Finally Decides to Tackle Kleptocracy

by

Recap of Recent Articles on Just Security (Sept. 30-Oct. 4)

by

Know Your Rights: Conversations with Congress

by and

Ukraine Prosecutor General Announces Audit of Cases Including Firm Linked to Hunter Biden

by

Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power

by

Ukrainian Funding Delay Created a Paper Trail That Congress Should Follow

by

Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction

by

Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

by and

Deciphering the Pompeo-House Clash Over Witnesses

by

Bringing the Rule of Law to Sudan

by

There Is No Constitutional Impediment to an Impeachment Inquiry that Concerns National Security

by and

Trump Goes Full Putin—Capitulation Inside the Oval Office

by and

Top Expert Backgrounder: Trump’s Impeachment–What Comes Next?

by

Recap of Recent Articles on Just Security (Sept. 23-27)

by

The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws

by

Whistleblower Says White House Took Unusual Steps to Limit Access to Ukraine Call Record

by

Trump’s Call to Ukraine May Constitute “Honest Services Fraud”—A Core Crime of Public Corruption

by

The Swiftboating of Joe Biden

by and

The Yemen Project: Open Source Investigations and the Law of War

by

The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate

by

Recap of Recent Articles on Just Security (Sept. 16-20)

by

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo

by

Climate Change Denialism Poses a National Security Threat

by

Stop Blaming Immigrants for Right-Wing Extremism

by

Handling of Whistleblower Complaint Makes It Impossible for IG To Do His Job

by

Q&A on Whistleblower Complaint Being Withheld from Congressional Intelligence Committees

by

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

by

Constitution Day 2019: The Hidden Domestic Surveillance Crisis

by

France’s Major Statement on International Law and Cyber: An Assessment

by

Guidelines on Investigating Violations of International Humanitarian Law

by , and

Fear and Loathing on the Border: A First-Hand Look at the Travesty

by

The UN Report and Indiscriminate Attacks in Yemen

by

The UN Yemen Report and Siege Warfare

by , and

Introduction to Just Security Series on UN Yemen Report

by and

18 Years After 9/11, We Face a New International Terrorist Threat

by

Trump and Giuliani’s Quest for Fake Ukraine “Dirt” on Biden: An Explainer

by

Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next

by

Ending Suffering of Afghanistan’s Civilians is Necessary Condition for Peace Talks

by

Recap of Recent Articles on Just Security (Sept. 2-6)

by

Trump Cuts “Muscle” from European Defense to Fund Border Wall

by

National Security at the United Nations This Week

by

Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist

by

Yemen: Where Coalitions Come to Die

by

How the GOP’s Internal Politics of Raiding Military Construction Projects Will Play Out

by

The Pattern and Practice of Trump’s Assaults on the Intelligence Community

by and

What if a President Committed Genocide or Other Atrocity Crimes?

by

The Once and Future Threat of Nuclear Weapon Testing

by

Calling Off Iowa’s “Digital Caucuses” Is a Wise Display of Caution

by

U.S. Sanctions Against Iran’s Foreign Minister and International Law

by

“Domestic Terrorism” Bills Create More Problems Than They Solve

by and

U.S.-Turkey “Safe Zone” Likely to Add Fuel to Syria Conflict

by

Blame Trump, Not the U.S. Code, for His Abuse of Emergency Authority

by

“Offshore Processing” in Guatemala: A Deeper Look at the U.S. Asylum Deal

by

Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong

by and

Public Document Clearinghouse: Congressional Russia Investigations

by

The Tit-for-Tat Dynamics of 21st Century Extremism

by

“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice

by

Expert Summaries of Mueller Report: A Collection

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

Act Now to Celebrate the U.N. Women, Peace and Security Agenda in 2020

by

Effective U.S. Grand Strategy Includes Harnessing Diverse Educational Institutions

by and

Proportionality and 150 Iranian Lives: Do They “Count”?

by

The Muddy Middle: The Disappearing Lines in America’s Counterterrorism Wars and How to Restore Order

by and

Yes, Trump Could Be Indicted If He Leaves Office in 2021, But Is That Likely?

by

U.S. Has Legal and Moral Responsibility to Protect Civilians at Rukban in Syria

by and

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

by

Trump’s Encouraging QAnon May Result in Violence—Just ask the FBI

by

The International Security Echo-Chamber: Getting Civil Society Into the Room

by , and

Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

by

Questions Surround Secretive US-Guatemala Agreement

by

How Congress Can Access the Legal Powers of Impeachment Without a Formal Inquiry

by and

EU Court of Justice Grapples with U.S. Surveillance in Schrems II

by

Mueller Hearing Risks Narrowing the Range of Impeachable Offenses

by and

After Publishing Strong Evidence of Trump’s Campaign Finance Crimes, DOJ Closes Case Without Explanation

by

Criminal Prosecutions and Illegal Entry: A Deeper Dive

by

What Did We Learn About Mark Esper and How He Views the World?

by and

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees

by

“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful

by

Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising

by

We Treat America’s Wartime Detainees Better Than Migrant Children

by

Policing, U.S. Style: With Little Idea of What Really Works

by and

Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda 

by , and

Empathy Matters: Leadership in Cyber

by and

The Massive Perils of the Latest U.N. Resolution on Terrorism

by

Self-Defense in International Law: What Level of Evidence?

by

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

by and

Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

by

Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

by

Looking to 2020: A Presidential Pledge for Gender Parity in National Security Appointments

by and

Did Trump and His Team Successfully Obstruct Mueller’s Investigation?

by

Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law

by

U.K. Court Nixes Saudi Arms Sales–What it Means for the US and Other EU Countries

by and

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

by and

Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance

by

U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?

by

Open Memo 2: The Impeachment Roadmap from 1974 to 2020

by

A Side-by-Side Comparison of Barr’s vs. Mueller’s Statements about Special Counsel Report

by

Cooking the WMD Books: Politicizing the 2019 State Department Compliance Report

by

The Missing Bill Barr Obstruction Analysis

by

Bolton’s Stated Predicate for War With Iran Doesn’t Work

by

A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War

by

Countering Russia’s Malign Influence Operations

by

How Impeachment Proceedings Would Strengthen Congress’s Investigatory Powers

by

The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code

by , and

Indictment of Assange for Espionage Directly Threatens Press Freedoms

by

When Is a “Literally True” Statement False and a Crime

by

Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now

by , and

Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President

by

Why the Arms Trade Treaty Matters – and Why It Matters That the US Is Walking Away

by

The Mazars USA Subpoena as an Existential Threat to President Trump

by

The Failures of the Mueller Report’s Campaign Finance Analysis

by

The Pentagon’s 2018 Civilian Casualties Report: What’s In It and What’s Next

by and

Amid the Nadler-Barr Standoff: Some History of Struggles Over Hearing Processes

by

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

by

Trump Administration’s New Cuba Policy Threatens Discord With U.S. Allies

by and

Gutting the Substance of a Security Council Resolution on Sexual Violence

by

Climate Change: Our Greatest National Security Threat?

by

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

by , and

The Pentagon Wants to Streamline Security Clearances by Using AI. That’s a Dangerous Idea.

by

An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States

by

Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations

by

What Comes Next: After Supreme Court Reduced Obstacles to Suing International Organizations

by

Citizenship-Stripping and ISIS Members: The Recent UK Experience

by

I Helped Write the Exec Order on Public Reporting of Lethal Operations. Here’s What Trump Has Undone.

by

BREAKING: United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

by

The Seven Step Program for Fighting Disinformation

by and

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

by , and

Weapons of Mass Consumerism: Why China Wants Your Personal Information

by and

Executive Agreements: International Lawmaking Without Accountability?

by , and

Annotation of the Pentagon Report to Congress on Detainee Abuse by U.S. Partners in Yemen

by

Terrorists and the Southern Border: Myth and Reality

by

10 Ways the U.S. Can Curb Interpol Abuses

by

No Clean Hands: Reaction and Counter-Reaction in the Iranian-Saudi Proxy War in Yemen

by

Need for Change to Protect Children in Armed Conflict

by and

Accountability Fatigue: A Human Rights Law Problem for Armed Forces?

by

Annotation of Sec. Pompeo’s Certification of Yemen War: Civilian Casualties and Saudi-Led Coalition

by

Please Support Just Security with a Tax-Deductible Donation

by

The Technicolor Zone of Cyberspace, Part 2

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:

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

October 15, 2019 by

Iraq ‘Dirty Tricks’ Tale Gets Star Treatment, But Big Questions Remain

July 19, 2019 by

Psy-Ops, Meet Cyber-Ops: U.S. Takes on Russian Trolls

October 29, 2018 by

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts

October 15, 2018 by

New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden

September 27, 2018 by

Locking in Transparency on the Vulnerabilities Equities Process

July 27, 2018 by

The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers

May 14, 2018 by

Just Security Podcast: Ex National Security Council Official Joshua Geltzer on Supreme Court Travel Ban Case

April 20, 2018 by

Facts on FISA: Correcting the Record on the Section 702 House Floor Debate

January 17, 2018 by

Special Edition Podcast: Liza Goitein on Section 702’s Reauthorization

January 11, 2018 by

Deep State Dissonance

January 11, 2018 by

The House Intelligence Committee’s Section 702 Bill is a Wolf in Sheep’s Clothing

January 9, 2018 by