Executive Power

Latest in Executive Power

Readings

Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"

Alan Z. Rozenshtein, a former contributor to Lawfare who now works at DOJ, has a new article forthcoming in Stanford Law Review, "Surveillance Intermediaries," analyzing the role of corporate actors such as Apple, Google, Facebook, and others, that dominate digital communications and data storage, situated between government and targets of surveillance.

Aegis

Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With

A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat

Executive Power

Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly

Given concern whether there are legitimate national security grounds on which to defend the President's executive order on refugees, Secretary Kelly will have to make a tough call about whether to sign his name to the revised EO.

Executive Power

Full Audio of Oral Argument in Washington v. Trump

The U.S. Court of Appeals for the Ninth Circuit heard oral argument today in Washington v. Trump, regarding the State of Washington's challenge to the president's executive order banning refugees and immigrants from seven majority-Muslim countries from entering the United States. The specific issue at hand was the government's motion for a stay of the temporary restraining order issued by Judge James Robart of the U.S.

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