Law enforcement
438 Articles
The Collateral Costs of a Logan Act Prosecution
Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.” The document indicates…
Responding to the Myths About Reforming FISA’s Section 702
Image: National Security Agency headquarters, Fort Meade, Md. As the New Year’s deadline for reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches,…
What Does Flynn Plea Deal Mean?
Special Counsel Robert Mueller announced this morning that a plea hearing for retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, would…
Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…
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…
The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
Don’t Fall for the Hype: How the FBI’s Use of Section 702 Surveillance Data Really Works
All the cool kids these days oppose the FBI’s so-called “backdoor search loophole,” which allows it to query information obtained under Section 702 of the Foreign Intelligence…
Episode 47 of the National Security Law Podcast: Donuts and Depth Charges
And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
Flynn’s Turkish Delight: How, Why, and When He Reversed His Policy Positions on Turkey
Many commentators anticipate that Special Counsel Robert Mueller will likely indict retired lieutenant general Michael Flynn in part for the former National Security Advisor’s…
Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 10-17)
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…
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…
How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities
What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations? How will we strike the difficult balance between protecting national…