"The Constitution gives Congress, not the president, the authority to call forth the militia to suppress domestic unrest. Particularly in situations where the state legislature has not requested that sort of federal support, it's not clear that the federal government has an obligation to intervene in any way except where Congress thinks it's appropriate."
On the legal basis behind the U.S. airstrike that killed Iranian Maj. Gen. Qassem Soleimani: "We've seen the executive branch make gradually broader and broader assertions of authority to use military force, not necessarily in ways that are clearly prohibited by the text, but in ways that many people find stretch their meaning or least push into new terrain."
"Over the last several decades, we've seen several presidential administrations assert slightly growing [claims] of executive power and the ability to use military force in a variety of circumstances."
On the importance of locating the origin of a cyberattack: "[U]nder existing insurance policies, who the actual actor is can play a major role in the coverage that insurance providers claim that they are obligated to provide. It’s also possible that various state actors really are working through relationships with non-state actors.”
On the allegations that Joe Biden took improper actions to protect Hunter Biden's involvement in Burisma Holdings: "We have a really solid documentary trail of the U.S. relationship with Ukraine during the Obama administration. ... If this were a serious story ..., we'd see a lot more [credible] evidence ... rather than these scrambled notes by people who obviously have a personal interest in how the story is developing and how it's portrayed."
"The most direct relevance of Kavanaugh’s thinking and his approach to Guantanamo and detention issues really is the broader way he thinks about how courts should view challenges to executive actions related to foreign affairs and national security."
"The military is bound by the Posse Comitatus Act, a 19th- century federal law that restricts participation in law enforcement activities. Unless Congress specifically authorizes it, military personnel can’t have direct contact with civilians, including immigrants."
"Sanctioning the deputy head of state of a foreign country, let alone an ally, is a major step and something [the U.S.] wouldn’t pursue without strong evidence and a willingness to see through the political consequences."