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On What Grounds Can the FBI Investigate the President as a Counterintelligence Threat?
The New York Times reported on Jan. 11 that the FBI “began investigating whether President Trump had been working on behalf of Russia against American interests” soon after Trump fired FBI Director James... -
Jim Baker on Counterintelligence
The New York Times’ recent report on an FBI counterintelligence investigation into the president has placed a new focus on the counterintelligence aspect of the Mueller investigation. That story is sourc... -
The Lawfare Podcast: Special Edition: The FBI’s Counterintelligence Investigation of Donald Trump
Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donal... -
The Week That Was: All of Lawfare in One Post
On Friday evening, the New York Times reported that in the days after President Trump fired then-FBI Director James Comey, federal law enforcement officials become so concerned with the president’s condu... -
Why the FBI’s Investigation Into the President Was Unavoidable
The New York Times has reported that, in the wake of President Trump’s firing of FBI Director James Comey, the bureau opened a counterintelligence investigation into the president. At one level, of cours... -
What If the Obstruction Was the Collusion? On the New York Times’s Latest Bombshell
Between Friday’s New York Times story and other earlier material, we might be in a position to revisit the relationship between the “collusion” and obstruction components of the Mueller investigation. -
Today’s Headlines and Commentary
President Trump’s former lawyer Michael Cohen has agreed to testify in a public hearing next month before the House Oversight and Reform Committee, says the Washington Post. -
China’s Hostage Diplomacy
An obscure Chinese drug case has been pushed to the center of China’s relations with Canada—and, by implication, with the rest of the world. The case appears to reinforce the message, previously suggeste... -
The Important, Justifiable and Constrained Role Of Nationality In Foreign Intelligence Surveillance
This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified b... -
What Independent Investigations of the Past Can Teach Congress About Its Role in the Mueller Probe
The new Congress is poised to investigate possible ties between the Trump campaign and Russia, whether Special Counsel Robert Mueller has finished his work or not. This task will be at once unprecedented... -
Will This New Congress be the One to Pass Data Privacy Legislation?
A Congress that begins with a government shutdown carrying over and a raft of subpoenas to the executive branch issued by incoming House committee chairs promises to be at least as polarized and partisan... -
How Robert Mueller Can Write a Report the Justice Department Cannot Suppress
The White House is finally bulking up with competent lawyers to face the impending confrontation its expects over Robert Mueller’s final report. But Mueller knows how to write a document that will be pec...
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