Latest in Executive Branch
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What Public Opinion of the Russia Investigations Reveals About Trust in Democratic Institutions
Recent polling data on the Russia investigation underscores the degree to which partisanship taints Americans’ assessment of security politics. Not only are Americans intensely polarized in their assessm... -
Twenty Questions for Christopher Wray
Christopher Wray will appear before the Senate Judiciary Committee this week as the committee considers his nomination to be the new Director of the FBI. Here are twenty questions I urge senators to ask ... -
The Supreme Court Finds the Recipe for Civility: Ignore Trump
Below is an excerpt of a piece that appears on our new Foreign Policy feed. To read the full article, visit Lawfare@FP. -
Emoluments Again: What an Unpresidential Legal Argument Looks Like
On Tuesday, on Yale Journal on Regulation's Notice & Comment blog, Andy Grewal posted an interesting critique of my Lawfare piece interpreting the Office of Legal Counsel and Comptroller General opinions... -
“Modern,” Not Mercurial? President Trump’s Defense of his Tweeting
Leaders and members of President Trump’s party in Congress have implored him to stop his compulsive and personally abusive tweeting. Even loyal supporters have doubts about it. After the infamous Brzezin... -
Can President Trump Just Leave Key Executive Branch Offices Unfilled?
Five months into Donald Trump’s presidency, the top ranks of the Executive Branch remain a lonely place. Commentators have, increasingly, noted the number of key positions that remain unfilled—emphasizin... -
Reading the Office of Legal Counsel on Emoluments: Do Super-Rich Presidents Get a Pass?
I wrote last November that the Foreign Emoluments Clause “is on its face a national security provision designed to protect the country from officers too enmeshed with foreign interests.” If the Justice D... -
The Time I Got Recruited to Collude with the Russians
I read the Wall Street Journal’s article yesterday on attempts by a GOP operative to recover missing Hillary Clinton emails with more than usual interest. I was involved in the events that reporter Shane... -
Let's Find Out the Truth: Some FOIA Requests to the FBI
When President Trump fired FBI Director James Comey, the White House quickly stepped up to slime Comey. Deputy Press Secretary Sarah Huckabee Sanders announced that "The President, over the last several ... -
Six Possible Options for the Supreme Court’s Review of the Travel Ban
On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s r... -
Reading—and Taking Seriously—the President’s New Tweet on the “Tapes”
When President Trump first tweeted his hint of “tapes,” he might have been just surrendering to his social media impulses. He did not have a lawyer at the time, or one he publicly admitted to having hir... -
Targets and Subjects of Criminal Investigations
It seems almost absurd. The President tweets that he is being investigated, and then his lawyer goes on TV and says that he is not being investigated.
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