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Don McGahn, general counsel for the Trump transition team, gets into an elevator in the lobby at Trump Tower, November 15, 2016 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 25-Dec. 1)

Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…

Hacking Back in Black: Legal and Policy Concerns with the Updated Active Cyber Defense Certainty Act

For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile…

Congress Steps Up Accountability for Drones Strikes and Other Military Operations

On the same day that The New York Times Magazine published a disturbing account of the monumental gap between the number of acknowledged civilian casualties and the number of casualties…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

Russian Money and Trump’s Legal Defense

Piece by piece, we continue to learn about Russia’s assault on the 2016 election: cyberattacks on voting systems in 39 states; troll farms that pushed divisive political messages…

Congress is Facing Decisions on Torture, and Needs to Treat Them As Such

On October 17, the Senate Intelligence Committee held a hearing on Christopher Sharpley’s nomination to become the next CIA inspector general. He has been the agency’s acting…
Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
Former campaign manager for U.S. President Donald Trump, Paul Manafort, smiles as he leaves U.S. District Court after pleading not guilty following his indictment on federal charges on October 30, 2017 in Washington, DC.

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)

Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!

It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…

Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)

In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…

Congressional Oversight and the Niger Attack

President Donald Trump’s handling of military condolences has dominated the coverage of the Oct. 4 deaths of four U.S. Special Operations forces soldiers in Niger. However, there…
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