Military force on the border? Get the facts
I have much agreement with my friend Mark Nevitt’s excellent post addressing some of the issues associated with the use of the military at the border. Unfortunately, in his essay he relies upon the...
Category: Presidential Power
Guest Post: LENS Scholar Sai Kolluru on the “President’s Tweets: Congressional Acquiescence and War Powers”
As Lawfire readers know, one of the purposes of the Center on Law, Ethics and National Security (LENS) is to develop the next generation of national security leaders. To that end, at the LENS Conference this year...
What does the law say about putting troops on the border?
The deployment of up to 4,000 National Guard troops to the southern border has garnered not just political controversy, but also discussion about the applicable law. For example, can Governor Jerry Brown restrict California National Guard troops...
We must also consider the downsides of not bombing Syria: A Response to Professors Goldsmith and Hathaway
I have to disagree with the essay (“The Downsides of Bombing Syria”) authored by my friends, professors Jack Goldsmith and Oona Hathaway, in which they insist that a possible U.S. strike in response to the recent...
The Danger of Tampering with America’s Nuclear Command and Control System
America’s command and control system has operated in a way that has helped deter the use of nuclear weapons for more than seventy years. However, over on Lawfare, Professors Richard Betts and Matt Waxman...
Why we don’t need to build a border wall…for now
Yesterday, USA Today ran a front page story about the Trump Administration’s plan for border security which included the much-discussed “wall.” While border security enhancements are appropriate, I believe the wall can be put...
Disasters and Emergencies: Legal authorities and the military’s role
Today the President declared that a “major disaster” exists in Puerto Rico as a result of Hurricane Maria. He had previously announced (Sept 5th) an “emergency” in Florida. Is there a difference? Actually, yes....
Do all trial lawyers agree that the obstruction of justice case against Trump is “open and shut” and a “slam dunk”?
If you believe headline writers for Slate, the obstruction of justice case against Donald Trump is “Open and Shut” and is “already a slam dunk.” However, the author of the essay behind those headlines...
Why Justice Ginsburg should recuse herself from the travel ban cases, and why ban supporters might not want her to (Updated)
As early as this morning, the Supreme Court may issue orders in the travel ban litigation. I believe Justice Ruth Bader Ginsburg ought to recuse herself from these cases, but supporters of the ban...
Some Questions for Mr. Comey…and the American People
Former FBI Director Jim Comey will surely face a barrage of questions when he testifies on Capitol Hill this week. I’ve always thought of him as an honorable man caught in impossible circumstances, and...
