The core constituency that Republicans must satisfy in high court nominations is the party's social conservative base, which fundamentally cares about issues, not diversity, and has accepted white men who practice the judging it admires.
Reasonable people can disagree about the authorities the NSA should have, when it's appropriate for the CIA to use drone strikes, and how assertive U.S. foreign policy and intelligence should be.
Broadly speaking, the problems with the Espionage Act are that it is hopelessly broad. And we tend to use the Espionage Act - we think about the Espionage Act as forbidding disclosures of classified information. That's not really what the statute says. What the statute talks about is information related to the national defense.
Sometimes, the intelligence community does legal collection against a legitimate foreign intelligence target and that target interacts with U.S. persons, against whom our people thus end up collecting information as a collateral matter.
There's all kinds of crazy right-wing conspiracies about me.
A generation of women has grown up thinking of reproductive freedom as a constitutional right, and the Court should not casually take away rights that it has determined the Constitution guarantees.
The reason the FISA standard is constitutional is that the government is supposed to use FISA surveillance not for criminal investigations but for counterintelligence probes pursued under the president's authority to conduct foreign policy.
I have fiercely criticized both the Bush administration's counterterrorism policies and the Obama administration's - and fiercely defended both as well.
It might seem perverse for honestly religious people to group their faiths with those of the sadists and megalomaniacs who run most cults, but a growing number are doing just that.
Political as well as religious cults can be distinguished from legitimate organizations by their use of doublethink. Though political cults espouse extremist ideologies, not extremist theologies, operationally they are virtually identical to religious cults, and they also go to great lengths to control the vocabularies of their members.
Eric Holder is a decent man.
The notion of law enforcement as professional, not political, began developing as an aspiration and an ethos even while, in practice, the FBI was the personal fiefdom of J. Edgar Hoover.
Although environmental groups sometimes raise issues in the confirmation process, environmental protection is not central to the fear-mongering of the liberal interest groups that oppose conservative judges. But the threat to basic environmental protections from conservative jurisprudence is broad-based and severe.
How exactly the obstruction-of-justice statutes interact with the president's broad powers to supervise the executive branch under Article II of the Constitution is a genuinely difficult question.
If Trump wants to corruptly direct the conduct of an investigation in order to out an FBI source who was helping our government investigate Russian interference in our electoral processes, well, Article II of the Constitution begins with these terrifying words: 'The executive Power shall be vested in a President of the United States of America.'
The difference between a cult and a religion, of course, lies in extremity.
Full disclosure: James Comey is a friend. I won't pretend to neutrality about him. He is a highly honorable and decent person, and I have no doubt that he made the many judgments for which people loathe him in good faith.
Secret courts require great faith that the Justice Department - and future Justice Departments - will act with integrity.
It is possible for great nations to rot from within.
The nature of the job of attorney general has changed - irrevocably. And we should never again have an attorney general, of either party, capable of expressing surprise at the role that national security issues now play in the life of the Justice Department or in the role of its chief.