Law Enforcement
773 Articles
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…
Congress Wakes Up, Finally Decides to Tackle Kleptocracy
A brief overview of some of the bills in question, including the most important piece of anti-kleptocracy legislation the U.S. has ever seen,
Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next
In an offshoot of the Paul Manafort case in Special Counsel Robert Mueller's investigation, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted…
A New National Security Framework for Foreign Interference
Campaign-finance laws are inadequate to address today's foreign interference threat. Instead, a national security approach is needed.