Latest in Surveillance

Surveillance

Surveillance Policy in a Trump Administration

Last week, co-authors Michèle Flournoy, Richard Fontaine, and I released a Center for a New American Security report on the future of surveillance policy. This post will examine what our approach can offer the new administration, given what its incoming members have said about surveillance issues and the commitments that the President-elect himself has made on the campaign trail.

FISA: 702 Collection

Why the 9th Circuit Was Right in Mohamed Mohamud, and a Startling Thing It May Have Gotten Wrong

Earlier this week, the 9th Circuit Court of Appeals issued a long-awaited opinion in U.S. v. Mohamed Mohamud. The opinion has gotten some bounce, with pieces by Orin Kerr in the Post and by Jennifer Daskal and Elizabeth Goitein in Just Security. Thus far, reviews have been largely critical. But the critics are mistaken: the Court got it right.

Annals of the Trump Administration

Annals of the Trump Administration #2: Which Executive Orders and Directives Are Doomed?

What security-related executive orders are likely to be repealed in whole or in part soon after Donald Trump is sworn in as president?  I list some obvious ones below, and will be happy to update the list with predictions others may send me.

1. Executive Order 13491  (Jan. 22, 2009) ("Ensuring Lawful Interrogation")

Subscribe to Lawfare

EmailRSSKindle