Law Enforcement
720 Articles
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
DHS’ Constant Vetting Initiative: a Muslim-Ban by Algorithm
Above: President Donald Trump and DHS Secretary Kirstjen Nielsen. Late last week, the Congressional Black Caucus (CBC) wrote to the Department of Homeland Security, urging it…
Mueller’s Choice of Criminal Charges: Why the Trump Team Should Be Very Worried
The Russians not only told the Trump campaign that they had dirt on Hillary Clinton in the form of thousands of emails, but also previewed for George Papadopoulos that they could…
Supreme Court Cases Support Obstruction Charges Against the President
Is there a fundamental weakness in the potential case of obstruction against President Donald Trump? At the end of the day, the known facts regarding Trump’s actions are likely…
Why An Encryption Backdoor for Just the “Good Guys” Won’t Work
Recently, U.S. law enforcement officials have re-energized their push for a technical means to bypass encryption. But seeking to undermine encryption only looks backward instead…
Russia “Previewed” Plan to Disseminate Emails with Trump Campaign
Goodman analyzes Schiff’s revelation that Russia gave preview to Trump campaign that the Kremlin could help disseminate stolen emails. Then he addresses the legally important…
Trump’s New Target: The Justice Department’s Inspector General
President Donald Trump repeated his totally bizarre attacks against his own attorney general on Wednesday, but this time he included a new target for his anger: the Justice Department’s…
Mueller’s Uphill Battle: Obstruction Law and the Comey Firing
Did the president commit a violation of federal criminal law when he fired the FBI director? Many commentators assume that the president has violated one of several criminal statutes…
Just Security Podcast: New Manafort, Gates Indictments Bring Mueller Investigation Ever Closer to Trump Inner Circle
Special Counsel Robert Mueller filed a host of new charges this week against former Trump advisers Paul Manafort and Rick Gates (pictured above). The charges, some of which are…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…