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Prosecuting Domestic Terrorism as Terrorism
On Monday, Attorney General Jeff Sessions declared that the vehicular attack in Charlottesville, Virginia over the weekend constitutes “domestic terrorism in our statute” and…
The Test Case for Presidential War Power: North Korea and Trump
My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States…
Do Federal Courts Lack the Power To Directly Enjoin the President?
That’s the argument the Justice Department is making in Knight First Amendment Institute v. Trump — the lawsuit in New York challenging President Trump’s blocking…
How Mueller Can Make the Grand Jury Report Public or Hand it to Congress
With news that Special Counsel Robert Mueller has begun using grand juries to conduct his investigation, there are now questions about where it might all lead. Of course, it might…
Don’t Expect Indictments Soon in Russia Probe: When Counterintelligence and Prosecutorial Interests Meet
The recent news of a July FBI raid on the home of former Trump campaign manager Paul Manafort has raised expectations in some circles that special counsel Robert Mueller’s investigation…
Just Security’s Summer Vacation Reading List
Just Security is on a reduced schedule this week for summer vacation, which means we will publish some commentary and analysis but at a lower rate than usual. Our pieces this week…
Recap of Recent Pieces on Just Security (August 7-11)
I. Afghanistan Laura Dickinson, A Legal and Policy Risk Analysis of the Erik Prince Plan to Privatize War in Afghanistan (Thursday, August 10) II. Foreign Intelligence Analysis:…
Bringing the AUMF Debate Back to its Constitutional Roots, and Recent History
A U.S. Army howitzer firing at Islamic State positions in Iraq in 2016. Last Friday, Rita Siemion published an insightful analysis of the Trump Administration’s first meaningful…
A Few Thoughts on the Manafort Raid
Alex Whiting has already written an excellent clarifying post on Wednesday morning’s news that the FBI had conducted an early morning raid of former Trump campaign chair…
No, the President Cannot Strike North Korea Without Congressional Approval
A CNN story on Wednesday asks: “Can the President launch a military strike on his own [on North Korea]?”–i.e., without further congressional authorization?…
D.C. Circuit Holds that 9/11 Appellate Judge Should Have Recused
In a curt and concise seven-page decision handed down this morning (one week after argument), a three-judge D.C. Circuit panel (Rogers, Tatel, & Griffith, JJ.) unanimously…
No, the U.S. Is Not Bombing ISIS Prisons on Some Theory Prison Labor Contributes to ISIS’s Economy
A recent post at Lawfare—titled “The Al-Mayadeen Prison Bombing and the Problem of War-Sustaining Targets”—suggests that the U.S. military may have struck a prison in Syria…