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Why Comey Did What He Did
At Time.com I speculate about why FBI Director Comey took the unusual step of publicly summarizing the nature and conclusions of the Clinton email investigation, and then announcing the FBI’s recommendat... -
A Moment of Zen: The New York Times Editorial Page Cites Lawfare as an Authority
No, I'm not making that up. -
Jim Comey's Statement on the Clinton Emails: A Quick and Dirty Analysis
The first notable thing in FBI Director Jim Comey's statement on the Clinton email flap is that he issued it at all. Normally, the FBI does not issue reports on its investigative findings separate from J... -
FBI Director Comey's Statement on Hillary Clinton's Use of a Private Email Server
This morning, FBI director James Comey said the FBI is recommending no charges against Hillary Clinton, the presumptive Democratic Party nominee for president, for her use of a personal email server whil... -
Republican Leaders Should Repudiate Trump's Most Recent Comments on Waterboarding
On Tuesday, hours after the terrorist attacks in Istanbul, Donald Trump again raised the prospect of waterboarding terror suspects, asking a crowd at Ohio University “What do you think of waterboarding?”... -
Orlando Responses Reflect Not Only the Candidate, but the Electorate
The candidates’ response to the Orlando attack says something deep, not just about Donald Trump and Hillary Clinton, but about the electorate itself. -
Intelligence Planks for a Sturdy National Security Platform
No U.S. presidential race has ever turned on the appeal of the candidate’s promises on intelligence policy. Indeed, many recent party platforms have either ignored altogether or addressed with vague gene... -
A Face-Palmingly Bad Argument on Guantanamo
The New York Times's latest editorial on Guantanamo is so packed full of confused thinking and weird non-sequiturs that I want to go through its claims and logic (such as it is) line by line. Published ... -
Speaker Ryan Releases GOP National Security Strategy
In an event yesterday at the Council on Foreign Relations, Speaker Paul Ryan (R-WI) released the House Republican's 2016 national security strategy. -
More on Donald Trump and the Justice Department
I received an email yesterday from a career Justice Department lawyer—whom I had not previously met—in connection with my recent rumination on the consequences for the Justice Department of a Donald Trum... -
Trump and the Powers of the American Presidency (Part II)
It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting sta... -
Donald Trump and the Justice Department: An Update
Recently, I wrote this piece warning of what Donald Trump might do to the U.S. Department of Justice. It contained the following:
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