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Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
A bus passes a large Microsoft sign and logo lit up in bright lights.

We’re From the Government, We’re Here to Help: The FBI and the Microsoft Exchange Hack

In a recent operation, the FBI removed malware from hacked Microsoft Exchange servers, and only attempted to notify the servers’ owners after the fact. This approach is almost…
A young Honduran asylum seeker waits with her family on the international bridge from Mexico to the United States on December 09, 2019 next to the border town of Matamoros, Mexico. They

To Fix the Immigration System, We Need To Start With Immigration Courts

If we want to re-build a better, stronger immigration system, we need to start with immigration courts.
A folio lays and a dark surface. The front page reads, “FARA and 951 Presentation and Roundtable June 29, 2017.”

In Absence of Foreign Agents Registration Reform, DOJ Tweaks Could Make a Big Difference

Its core obligations have not been comprehensively updated since the 1960s. Until they are, the executive branch could address key shortcomings.
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
Julian Assange gestures to the media from a police vehicle on his arrival at Westminster Magistrates court on April 11, 2019 in London, England.

The Biden Administration Should Drop the Assange Case

A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…
Trump whispers to a White House staffer as he makes his way to board Marine One from the South Lawn of the White House in Washington, DC on September 26, 2020.

Is Jeffrey Clark’s Secret Conversation With Trump “Privileged”?

A few days after President Joe Biden’s inauguration, news reports broke that then-President Donald Trump had met with Jeffrey Clark, the acting chief of the Department of Justice’s…
Side by side photos of Roger Stone, Steve Bannon, and Paul Manafort.

Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice

Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition

In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Mike Pence, Rudy Giuliani, Donald Trump Jr., Eric Trump, Tiffany Trump, and others sit in the front row at the first US Presidential Debate at Hofstra University September 26, 2016 in Hempstead, New York.

Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.

There's ample precedent (the investigations of Bill Clinton's pardons) and ample reason for Congress and the Department of Justice to launch investigations into President Trump's…
Attorney General William Barr (C) speaks during a press conference on the shooting at the Pensacola naval base January 13, 2020 in Washington, DC.

Criminalizing Foreign Relations: How the Biden Administration Can Prevent a Global Arrest Game

The U.S. President is undoubtedly the chief U.S. diplomat, but is he or she also the chief prosecutor? Donald Trump clearly thinks so, stating once his grave misunderstanding that…
Just Security

A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel

As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
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