Law Enforcement
716 Articles
Deciphering the FISC’s Order on the Carter Page FISA Application
What will the Justice Department do in response to what it's learned about the FBI’s flawed application to wiretap Carter Page?
William Barr: A Failed Attorney General Unfit to Serve
William Barr has repeatedly abused his office as attorney general to provide personal and political protection for President Donald Trump at the expense of the integrity and credibility…
Pumping the Brakes a Bit on FISA “Reform”
Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
The Need for Increased Amicus Role in the FISA Process
Andrew Weissmann, former FBI General Counsel and a lead prosecutor in Robert S. Mueller’s Special Counsel’s Office, writes about the Inspector General's report and proposes…
Selective Disclosure of OLC legal Opinions Isn’t Enough
The ad hoc release of OLC opinions raises more fundamental questions about the role of the OLC and the public’s right to know how the executive branch interprets the law.
Holding DHS Accountable for a Child’s Death in the Custody of Border Patrol
A thorough federal criminal investigation under the civil rights laws is warranted in the case of 16-year-old Carlos Gregorio Hernandez Vasquez.
Clear Goal of Barr/Durham Probe is to Scare Off Intelligence Community
In order for their counter-narrative to stick, President Trump and his associates need to destroy all trust in the Intelligence Community.
Interpol Proves Critics Right in Choosing Turkey to Host General Assembly
Allowing Turkey to host the general assembly could be used by Interpol as an opportunity to rein in despotic regimes abusing the Red Notice system for political gain. Unfortunately,…
Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement
Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself
This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards
Editor’s note: This piece is cross-posted at Lawfare. On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…