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18 Aug 2022, 5:01 am by Alex Wellerstein
However, valid declassification actions require procedures, records, and logging, and arguably ought to have been marked as declassified prior to entering into private hands. [read post]
17 Aug 2022, 5:00 am by Michael C. Dorf
Although I believe that the perspective underwriting the sophisticated version of the objection is widely shared, I want to suggest that the objection misses the mark. [read post]
16 Aug 2022, 11:01 am by J. William Leonard
One such user was the president’s own national security advisor, John Bolton, who stated, “I was never briefed on any such order, procedure, policy when I came in,” adding that he had never been told of it while he was working there, and had never heard of such a thing after. [read post]
16 Aug 2022, 6:38 am by Albert W. Alschuler
As best I know, only a Lawfare post by Joshua Braver has seriously considered the applicability of a statute Congress enacted in 1862. [read post]
16 Aug 2022, 6:11 am by Dan Bressler
Excellent analysis by Mark Hinderks, head of Stinson LLP’s legal ethics & professional responsibility practice: “Dear Ethics Lawyer: Representing Multiple Clients in Claims Against One Defendant” — “This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions… Question: As a law firm partner, my largest client is Railroad, but I also represent three trucking companies. [read post]
15 Aug 2022, 12:07 pm by Jeh Johnson
Many classified documents bear the express marking "NOFORN"—i.e., it may not be shared with any foreign national. [read post]
15 Aug 2022, 7:28 am by Bryce Klehm
Steve Miska, “I just realized after reading George Packer’s article in the New Yorker, that I just couldn’t look myself in the mirror unless we tried to help. [read post]
12 Aug 2022, 5:30 am by Gus Hurwitz
Actually, while there are 95 numbered questions, the document contains 233 question marks – so quite a few more questions. [read post]
11 Aug 2022, 9:12 pm by Nabil Shaikh
Mark Anderson, Kerwin Kofi Charles, Michael McKelligott, and Daniel I. [read post]
9 Aug 2022, 9:56 pm
Magistrate on duty (such officials are not appointed by the President with the consent of the Senate under Article III of the Constitution, but are creatures of Congress under Article I, appointed by the Article III judges who are above them). [read post]
In February, the Archives announced that it had “identified items marked as classified national security information within the boxes” that Trump stored at the property. [read post]
9 Aug 2022, 6:42 am
The Board disagreed: “[I]n the absence of a plain indication to the contrary, it is to be assumed when Congress enacts a statute that it does not intend to make its application dependent on state law. [read post]
8 Aug 2022, 5:01 am by Scott Moore
  It is often forgotten that the Eisenhower administration’s initial response to Sputnik was marked more by annoyance than alarm. [read post]
5 Aug 2022, 6:30 am by Guest Blogger
Mark also notes my continuing interest, perhaps obsession, with Federalist 2, where John Jay preposterously argues that Americans are alike in religious sensibilities. [read post]
4 Aug 2022, 4:50 am by Emma Snell
Yesterday, Sandy Hook victims’ attorney Mark Bankston told Jones that his attorney had mistakenly sent Bankston three years worth of emails and texts copied from his phone. [read post]