The Rule of Law

Clinton Indictment Watch – SAP Found on Home Server

On Tuesday, several media outlets reported that Intelligence Community Inspector General sent a letter to Congress regarding Sec. Hillary Clinton stored documents on her home server that were classified “Special Access Program.”

DHS Proposes Rule on FOIA – Comment Period Open

DHS recently proposed a rule on Freedom of Information Act regulations and concluded that “this rule does not impose additional costs on the public or the government.” I take exception to the fact that DHS has not been able to quantify any costs or benefits to the public or the government for at least two reasons.

The Constitution is an Asset in Fighting Crime, Terrorism

The portions of the U.S. Constitution offering protections on things like the right to representation, a jury trial, and due process are the most important pieces of the Constitution. That is why I have always cringed when I hear some people call those rights “criminals rights.” They are my rights. And yours.

Executing Tsarnaev is a Wasted Opportunity

The Justice Department announced this week that it will seek the death penalty in the trial against Boston Marathon bomber Dzhokhar Tsarnaev. It seems clear the verdict will be guilty and the punishment will be death. For some, this may seem appropriate, but in executing Tsarnaev, we will lose a big opportunity to better understand radicalization and terrorism.

Congressional DHS Oversight is Overkill

Former DHS Secretary Tom Ridge testified before the House Homeland Security Committee about the many leadership vacancies at DHS and Congress’ overlapping, uncoordinated legislative oversight. His testimony is absolutely right.

A New Year’s Hope for CFIUS

The Committee on Foreign Investment in the United States (CFIUS) is an increasingly robust regulator of foreign investments in U.S. businesses, policing these investments for possible harm to national security. But which investments? CFIUS reviews “covered transactions” that might adversely affect national security. If that’s unclear to you, you’re not alone – but you might be at risk.

Who is Jeh Johnson?

The White House leaked word yesterday that the President has selected Jeh Johnson, the former General Counsel at the Pentagon in the first term of the Obama Administration, to replace Janet Napolitano as DHS Secretary. It left a lot of people asking, “who?” I can’t find him on anyone’s list of potential DHS Secretary candidates, but that’s not necessarily a bad thing.

White House (Finally) Picks Nominee for DHS Secretary

One of the most important positions in America’s homeland security roster may not be vacant much longer. Word leaked today that the Obama Administration has finally picked a replacement – former top Pentagon attorney Jeh Johnson. The President will announce his decision at a White House ceremony tomorrow.

Foreign Buyers Beware – Dismissal of CFIUS Challenge

The United States might look less welcoming to foreign investment these days. The Committee on Foreign Investment in the United States (CFIUS) has ceased operations temporarily. Foreign investors seeking the “safe harbor” that CFIUS approval confers will have to wait until CFIUS resumes operations in order to close acquisitions of U.S. companies.

Do We Have Options In Egypt?

Media coverage of the overthrow of the Muslim Brotherhood (MB) government in Egypt by the military has generally been lopsided and focused on the military’s various violations of human rights. Americans often believe that every conflict involves “good guys” and “bad guys.” I would argue that we have to stop looking for good guys where we are not likely to find any and instead focus on our interests, which are to support the army in its efforts to stabilize Egypt.