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Five (Overlooked) Decision Points for the Trump Administration in National Security

What are the decision points that the President-elect’s transition team and incoming administration will likely face over the horizon in the national security arena? News media…
U.S. Vice President Dick Cheney is flanked by his wife Lynne and Israel's President Moshe Katsav when leaders from 30 countries gather to remember the victims of the Holocaust on the 60th anniversary of the liberation of the Nazis' Auschwitz death camp by Soviet troops in Oswiecim, southern Poland on Thursday, Jan. 27, 2005. At left is Jolana Kwasniewski, the wife of Poland's President. Others surround them standing or sitting in chairs. Everyone wears coats and hats in the snowy weather.

Foreign Gov’t Assistance to Trump Administration Policies: What Int’l Law Prohibits

The policies of the incoming Trump Administration may spell legal trouble for cooperation between the United States and its allies in important areas of national security. One…
Just Security

Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional

As a candidate, Donald Trump notoriously called for a ban on the entrance of all Muslims, a database to track Muslims in the United States, for aggressive surveillance of “the…

The Islamophobia Administration

POLITICO is reporting today that President-elect Donald Trump will likely nominate Senator Jeff Sessions (R-AL) for attorney general and Rep. Mike Pompeo (R-KS) to be director…

Trump Adviser Confirms Our Expert’s Analysis: “Criminal” Immigrants Includes Non-Criminals

On Sunday’s 60 Minutes, President-elect Donald J. Trump said he would focus on deporting up to 3 million “criminal” immigrants. Many in the media, including CNN, mistakenly…
Just Security

Prof Adam Cox on What Trump’s Deportation of “Criminals” Might Really Mean

On this Sunday night’s 60 Minutes, President-elect Donald J. Trump tells CBS’ Lesley Stahl that he plans to focus first on deporting up to 3 million “criminal” immigrants.…
A map of the US with borders designating the 113th House districts.

Assessing Trump’s Mandate—A Sober Analysis

Both supporters and opponents of Trump’s campaign want to know what kind of mandate the election results mean for his Presidency and for questions about the political capital…
Just Security

IBM’s Terrorist-Hunting Software Raises Troubling Questions

Last week, Defense One published an article about a new use that IBM is pioneering for its data-crunching software: identifying potential terrorists in the stream of refugees entering…
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

The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases

These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
Just Security

History, Hysteria, and Syrian Refugees

A week after the ISIS terrorist attacks in Paris, American political hysteria is on full display. On Thursday, the House voted to tighten screening procedures on Syrian refugees;…
Just Security

The Special Rapporteur on Torture’s Report on Extraterritoriality Speaks to Migrant Crisis

The United Nations Special Rapporteur on Torture, Juan E. Méndez, has issued a new expert’s report (his 17th)—this one on extraterritoriality. (JustSecurity’s extensive…
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