Recently on Lawfare


Rational Security: The "Death Without Dignity" Edition

President Trump selects Army general H.R. McMaster as as his national security adviser after a turbulent search. A rival to North Korean dictator Kim Jong Un is murdered under bizarre circumstances in a Malaysian airport. And Trump meets with Israeli Prime Minister Benjamin Netanyahu. But is Bibi on the way out? Plus, Tamara wants your ideas for H.R. McMaster’s reading list. Shane reflects on emails demanding more respect for the President in his Wall Street Journal copy. And I am using a postal service we shall not name.

Today's Headlines and Commentary

Today's Headlines and Commentary

The New York Times tells us that President Donald Trump announced yesterday that Army Lieutenant General H.R. McMaster, a widely-respected military strategist known for his service in the Iraq war, will serve as his new national security adviser. McMaster was the favored choice of congressional Republicans like Senator Tom Cotton (R-AK) and Senator John McCain (R-AZ), as well as Defense Secretary James Mattis.

Alien Tort Statute

The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco

Last month, the Fifth Circuit issued a split opinion in Adhikari v. Kellogg Brown & Root, Inc., representing the first ATS case to be decided post-RJR Nabisco.  The opinion, issued over a vigorous dissent, suggests that it may be premature to say that RJR Nabisco resolves the circuit split over the interpretation of “touch and concern.”

Middle East Ticker

Iraqi Forces Advance on Western Mosul, U.S. Weighs Deploying Troops to Syria, Netanyahu Meets with Trump

Iraqi forces are moving again against the Islamic State with closer U.S. support, the United States is considering sending ground troops to Syria, and Netanyahu’s wild ride in joint press conference with Donald Trump.

Border Security

The DHS Border Memo: Ramping Up Expedited Removal and Raising Tensions with Mexico and with Due Process

Department of Homeland Security (DHS) Secretary John Kelly has just sent two memos to the White House for review that could fundamentally reshape U.S. immigration enforcement and exacerbate tensions with Mexico.


The DHS Immigration Enforcement Memos

As many are reporting this morning, the Secretary of DHS has issued two memos regarding immigration enforcement.  I will have much to say about them later, but for now, here is a link to the versions that I've received.  One important note:  one story I read this morning said that the memos were drafts and were still under review by WH counsel.  That is not so as far as I can tell -- these memos have Secretary Kelly's signature and are, in my un

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