Recent Articles
The Early Edition: August 21, 2017
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. AFGHANISTAN STRATEGY President…
Recap of Recent Analysis on Just Security (August 12-18)
I. Charlottesville 1. Scott Sullivan, Prosecuting Domestic Terrorism as Terrorism 2. John Reed, A Post-Charlottesville Reading List II. Surveillance and Privacy Jake Laperruque,…
Weekend Listening: Episode 31 of the National Security Law Podcast
I’ve been delinquent in flagging this week’s episode of the National Security Law Podcast, all the more so because I think it’s one of the best discussions…
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…
How To Punish A President
There are many allegations against Donald Trump that may give rise some day to either criminal prosecution or congressional sanction. But what precisely are the available options…
When Five Supreme Court Justices Said a President Can Be Indicted
There are many reasons why it is important to know whether Donald Trump is immune from indictment and prosecution as a sitting president, even if special counsel Robert Mueller…
An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump
Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…
A Post-Charlottesville Reading List
Top image: A man makes a slashing motion across his throat toward counter-protesters as he marches with neo-Nazis and other rascist groups during the ‘Unite the Right’…
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…
Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…
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…