Department of Justice (DOJ)
383 Articles
DOJ Guidance on Cybersecurity Carrots and Sticks
In a speech yesterday to the annual Cybersecurity Law Institute, Assistant Attorney General Leslie Caldwell showed how far the Department of Justice has come in its dealings with…
Has the Gov’t Under-Charged an al-Qaeda Recruit?: The Ohio case of Abdirahman Sheik Mohamud
An important criminal charge is conspicuously absent in the Indictment of Abdirahman Sheik Mohamud, who is reportedly “the first American accused of returning from Syria with…
Guest Post: Torture is Still on the Table
The recent Senate Intelligence Committee’s report on CIA interrogations is a parade of horribles. Detainees by the dozen arrested wrongfully and later released, including innocent…
Why the immigration initiative has nothing to do with assertions of executive constitutional power
My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.
Key Government Legal Offices Need Permanent Leadership
The Obama administration is confronting a range of foreign crises. Options for responding will continue to present difficult questions of both domestic and international law. And…
Executive Order 12333, Notice, and the Due Process Rights of Criminal Defendants
In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government’s evidence was,…
New Court Orders Signal More Drone Documents Are on the Way
For more than four years of Freedom of Information Act litigation concerning the government’s targeted-killing program, the government managed to avoid releasing a single document…
You Can’t Have an “Associated Force” with No Core
There has been lots of commentary already on the newly-released (but heavily-redacted) OLC opinion, so I’ll focus mine on a key point I haven’t yet seen made. The OLC memo…
The OLC’s Drone Memo and International Law’s Ascendance
The long-awaited release of the redacted July 16, 2010 OLC memo is anticlimactic in important respects. Much is still unknown to the point that it is difficult, if not impossible,…
On the Benefits of Transparency: Why So Long to Disclose Drone Memo?
Monday’s release of the previously secret July 2010 Justice Department memo laying out the legal case for killing US citizen, Anwar al-Awlaki, has sparked a wide range of reactions,…
Reflections on What the Drone Memo Does and Doesn’t Say
There is already a lot of commentary on the OLC drone memo, and likely more to come. Here, I just want to highlight three key issues that should be part of the mix: #1: Issues…
The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer
Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…