Publications & Commentary

Selected legal commentary, essays, and analysis, 2006 to present.

Portrait by Elliott O’Donovan.

Published In

The New York Times

The Washington Post

Politico

The Atlantic

CNN

Foreign Policy

The Hill

The Baltimore Sun

Just Security

Lawfare

Defense One

Law360

CNAS

Yale Journal of International Affairs

The Times of Israel

Among others

Amicus Curiae

Brief of Former National Security and Law Enforcement Officials as Amicus Curiae in Support of Petitioners

U.S. Steel Corp. v. CFIUS

U.S. Court of Appeals for the D.C. Circuit, 2025

Read the brief

All Publications

2025

As we lose our light

The Times of Israel·August 1, 2025

Where the Olives and Sunflowers Grow

Middlebury Institute of International Studies·August 2025

From U.S. Steel to the 'Art of the Deal', Trump's Opportunity for Economic Statecraft

The Hill·February 13, 2025

Trump Must Treat China, Iran, Russia and North Korea as a Package Deal

The Hill·February 11, 2025

Brief of Former National Security and Law Enforcement Officials as Amicus Curiae in Support of Petitioners, U.S. Steel Corp. v. CFIUS

U.S. Court of Appeals for the D.C. Circuit·January 28, 2025

2024

Expand, Don't Dismantle, America's Privacy Watchdog

Just Security·November 21, 2024

Addressing America's Unfinished Business in Afghanistan

The Hill·November 5, 2024

Let's Shine a Light on Racism, Wherever We Find It

The Baltimore Sun·November 5, 2024

Peace or Justice: Which Side Are You On?

The Times of Israel·July 17, 2024

Values, Not Violence, Will Free Us from Disunity

The Baltimore Sun·July 15, 2024

I Am a Jewish American: What I Was Not Taught

The Times of Israel·May 24, 2024

Countering Hate with Dialogue

National Security Institute·April 3, 2024

2023

Hamas Is Not Israel's Core Enemy

Yale Journal of International Affairs·December 7, 2023

As Antisemitism Rises, American Jews Ask Themselves Hard Questions

The Baltimore Sun·December 7, 2023

Countries Breaking Ties with Israel Are Sending an Important Warning

CNN·November 2, 2023

America Must Uphold Our Promise to Afghan Allies

The Hill·March 13, 2023·Co-author: Jamil Jaffer

2019

The Silver Lining to Trump's Incompetence

CNN·June 9, 2019

2018

In Defense of NYT's Anonymous: Government 'Stewardship' to Guard Against Threats to the Democratic Order

Just Security·September 7, 2018

Trump's Secret War on Terror

The Atlantic·August 10, 2018·Co-author: Loren DeJonge Schulman

American Retirees Are a National Security Threat

Foreign Policy·August 2, 2018·Co-author: Joshua Geltzer

'Congress Perhaps?': Congressional Oversight and the U.S. Drone Program

Center for a New American Security·July 31, 2018

Genworth Approval Offers New Hope for CFIUS Reviews

Lawfare·June 7, 2018

How 'Yanny' Versus 'Laurel' Explains Today's Politics

Just Security·May 2018·Co-author: Joshua Geltzer

2017

Don't Shut Down Foreign Investment in the Name of Security

Defense One·January 2017·Co-author: Daniel E. Karson

On CFIUS Reform, We Must Proceed with Caution

Law360·September 15, 2017

2016

How President-elect Donald Trump Can Get Early Points on the Russian Front

U.S. News & World Report·November 15, 2016

Tips for Increasing the Chances of CFIUS Approval

Law360·September 7, 2016

4 Steps for Improving Cyber Preparedness

Route Fifty·September 2016

DHS's Modest Social Media Proposal Deserves Support

Lawfare·August 22, 2016

Watermelons and National Security: Protecting U.S. Foreign Intelligence Collection in the Age of Big Data

Lawfare·June 14, 2016

A Bipartisan Call for Serious Consideration of Potential Solutions to the Encryption Challenge

Lawfare·May 2016·Co-author: Jamil N. Jaffer

Decrypting Our Security: A Bipartisan Argument for a Rational Solution to the Encryption Challenge

Catholic University Journal of Law and Technology·2016·Co-author: Jamil N. Jaffer

Why Apple's Stand Against the FBI Hurts Its Own Customers

The New York Times·April 9, 2016·Co-author: Jamil N. Jaffer

How Apple's Fight with the Government Hurts Our Privacy

Politico·February 2016·Co-author: Jamil N. Jaffer

2012

What Judge Urbina Taught Me

The Washington Post·June 15, 2012

2006

Charitable Choice Programs and Title VII's Co-Religionist Exemption

Creighton Law Review·2006

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