Lawfare

The Lawfare Podcast: Jim Sciutto on ‘The Shadow War’

Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses.  CNN anchor and chief...

The Prophylactic Executive Privilege

Two seminal events have occurred in recent days in the ongoing oversight war between the House of Representatives and the Trump administration—and in the ongoing expansion of the doctrine of executive privilege. Although each incident warrants further individual analysis, together they suggest the “constitutionalization” of what...

OLC Opinion on Treasury's Refusal to Provide Trump Tax Returns

The Justice Department's Office of Legal Counsel (OLC) has released an opinion supporting the Treasury Department's refusal to comply with a congressional request for President Trump's tax returns. The OLC opinion can be read here and below.    2019 06 13 Potus Tax Returns (PDF)2019 06 13 Potus Tax Returns (Text)...

National Security Law Podcast: Who’s Ron Swanson?!?

And we are back, after a one-week hiatus, with loads of national security law debate and discussion, not to mention some Grade B frivolity! On tap for Professors Vladeck and Chesney: Detention of Enemy Combatants: Assessing the significance of the SCOTUS cert. denial in al-Alwi, and Justice Breyer’s statement about the...

Untangling the Yemen Arms Sales Debate

Over the past several weeks, a new front has opened up in the legal fight over U.S. support for the Saudi-led military intervention in Yemen: the president’s authority to pursue arms sales. For months, congressional opponents of the Yemen conflict have blocked certain arms sales to...

NATO’s Ukraine Challenge

Editor’s Note: This article originally appeared on Order from Chaos. Ukrainian President Volodymyr Zelenskiy visited Brussels on June 4 and 5, where he met with the leadership of the European Union and NATO. He reaffirmed Kyiv’s goal of integrating into both institutions—goals enshrined earlier this year as...