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The Early Edition: March 23, 2017

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.


President Trump or his associates may have been “incidentally” swept up in foreign surveillance by American spy agencies, the chairman of the House Intelligence Committee Rep.…   continue »

Whitewashing Guantánamo

President Trump has made no secret of his desire to continue–if not affirmatively re-invigorate–the detention of non-citizen terrorism suspects at Guantánamo. That’s a problematic policy goal, to be sure, but one that’s neither surprising nor, in my view, radically at odds with the realm of legally available options–at least for individuals who are actively participating in the non-international armed conflict between the United States and al Qaeda and its affiliates.…   continue »

More Misleading Claims on Immigrants and Terrorism

In President Trump’s speech to Congress Tuesday night, he claimed that, “[a]ccording to data provided by the Department of Justice, the vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country.”  The following day, the Justice Department elaborated to the Washington Post that it had obtained convictions “against over 500 defendants for terrorism or terrorism-related charges in federal courts” and a “review of that information revealed that a substantial majority of those convicted were born in foreign countries.”

The Justice Department did not provide the raw data to support its assertion, but if that data derives from the source it appears to come from – a Justice Department National Security Division (NSD) list of terrorism and terrorism-related convictions – the claim is highly misleading.  …   continue »

11 Top Constitutional Law Experts React to White House Stephen Miller’s Rejection of “Judicial Supremacy”

In his debut on this past weekend’s Sunday morning shows, Stephen Miller, the President’s Senior Policy Advisor, repeated what to some was an alarming statement about the federal judiciary. Defending the White House’s immigration and refugee Executive Order against significant setbacks in federal court including a few days earlier the Appeals Court for the Ninth Circuit, Miller said on Meet the Press:

I also want to be clear we’ve heard a lot of talk about how all the branches of government are equal.

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