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National Security and the Trump Transition: An Agenda for Legal Analysts

This year’s election was always going to provoke a flurry of questions about the future of U.S. national security law and policy—from discussions about changes to substantive…
Just Security

Why I’m a Federal Courts Nerd (and You Should Be, Too)

In addition to the election, yesterday was also the first anniversary of the terribly untimely passing of my college mentor, Professor Nasser Hussain. And this past weekend, the…
Just Security

John Brennan on “enhanced interrogation techniques”

At this event today at Brookings, CIA Director John Brennan reiterated what he has said before: — “you cannot establish cause and effect between the [CIA’s]…
Just Security

Donald Trump and the Ghosts of Joseph McCarthy

Following the mass shooting at Pulse nightclub in Orlando, presumptive Republican presidential nominee and celebrity businessman Donald Trump repeatedly implied that President…
Just Security

Surveillance Oversight Should Be President-Proof, But We’re Still a Long Way Off

Last week, at an event co-hosted by Just Security and NYU’s Brennan Center for Justice, the NSA’s Civil Liberties and Privacy Director Rebecca Richards dropped the ball. When…
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Prosecuting Trump

There has been much discussion of Donald Trump’s open pledge to commit torture and war crimes if elected President. He has said that he would bring back waterboarding and techniques…
Just Security

Trump and Torture

Presidential candidate Donald Trump has made headlines with his campaign promise to revive torture as a US government practice. First, with his signature bluster, Trump declared…
Just Security

James Comey’s Default-Encryption Bogeyman

FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
Just Security

What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban

Editor’s Note: This post was originally published on December 10, 2015 at 12:50am. On Tuesday, I wrote a short piece for CNN.com explaining why Donald Trump’s proposed ban…
Just Security

Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities

Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
Just Security

Six National Security Questions Presidential Candidates Should Have To Answer

A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
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