Law Enforcement
773 Articles
Contempt of Congress, Contempt by Congress
The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…
Collectivizing Threat: An Analysis of Israel’s Legal Claims for Resort to Force on the Gaza Border
The aim of this article is not to vindicate one narrative over the other or to pass judgment on specific factual claims, which must be thoroughly investigated. It also doesn't…
The Politicization of Our Security Institutions
The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…
Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
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…