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The Durham Investigation Is Not About the Steele Dossier
A letter this week from two Republican House members to John Durham, the U.S. attorney in Connecticut, revealed that the lawyer for former FBI General Counsel James Baker had said that Baker could not an... -
The Golsteyn Case and Civilian Oversight in Military Justice
I find much to applaud in Maj. (P) Dan Maurer’s thoughtful Lawfare post on potential unlawful command influence (UCI) issues associated with the president’s tweet about the controversial case of Maj. -
The Barr Nomination: Weighing Norms Against Pragmatism
A president like Donald Trump, who behaves outlandishly and governs recklessly, poses unique challenges to other institutional actors. Jack Goldsmith, among others, has identified how those who who flout... -
Document: Special Counsel Files Partially Redacted Memo Describing False Statements by Manafort During Cooperation
On Tuesday, the Special Counsel’s Office filed the following memorandum in the U.S. District Court for the District of Columbia describing false statements made by Paul Manafort after Manafort entered a ... -
9/11 Military Commission Judge Rejects Unlawful Influence Claim
On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful inf... -
Indicting and Prosecuting a Sitting President
There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be include... -
The Inspector General Should Review the FBI Counterintelligence Probe into Trump
Like everyone else on Lawfare, I was struck by the recent New York Times story about the FBI opening a counterintelligence investigation into President Trump after he fired former FBI Director Jim Comey.... -
Document: William Barr's Prepared Nomination Hearing Testimony
Below is the prepared statement that former Attorney General William Barr will deliver at his confirmation hearing before the Senate Judiciary Committee on Jan. 15. -
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... -
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. -
Sixteen-Year-Old American Islamic State Fighter Reportedly Captured in Syria
On Jan. 9, the People’s Defense Units (YPG) announced the capture of eight individuals, ostensibly foreign fighters for the Islamic State, in a series of operations conducted by the group near the town o...
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