Wittes also sat down with Mary McCord and Jason Blazakis to discuss criminalizing domestic terrorism, which is not currently a federal crime, on an episode of the Lawfare Podcast: In a recent essay for the Hoover Institution’s Aegis Paper Series, Peter Swire, Jesse Woo and Deven Desai considered whether governments can justifiably treat targets of surveillance differently on the basis of their nationality. [read post]

The New York Times tells us that after facing a bipartisan firestorm of criticism due to revelations that Attorney General Jeff Sessions met with and spoke to the Russian ambassador to the United States, Sergey Kislyak, twice during the election, he has agreed to recuse himself from investigations involving potentially improper contact between Trump associates and Russian officials. [read post]