Latest in Executive Branch
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War Powers and the Su-22 Episode: Third-Party Defense of Coalition Partners
Early Sunday evening, a US Navy F/A-18 Super Hornet shot down a Syrian Air Force Su-22 that had just completed a bombing run targeting US-backed Syrian Democratic Forces (SDF) in the Raqqa region. The e... -
If Rod Rosenstein Recuses: What Happens Next?
ABC News is reporting that Deputy Attorney General Rod Rosenstein “has privately acknowledged to colleagues that he may have to recuse himself from” his role as Acting Attorney General for the Department... -
The “Deep State” Myth and the Real Executive Branch Bureaucracy
A pernicious narrative persists today among fans and critics of executive power alike, which goes something like this: the real power in the U.S. government lies not with the elected President, not with ... -
Liveblog: Rod Rosenstein Testifies Before Senate Appropriations Subcommittee
This morning at 10:00 ET Deputy Attorney General Rod Rosenstein will testify on the Justice Department's FY2018 budget request before the Senate Subcommittee on Commerce, Justice, Science, and Related Ag... -
The Ninth Circuit’s Refugee EO Decision: Methodically Misreading the Immigration Statute
On Monday, the Ninth Circuit issued a decision that relied on statutory grounds in declining to vacate most of the preliminary injunction against President Trump’s revised refugee executive order (EO). W... -
Ninth Circuit (Mostly) Upholds the Preliminary Injunction in Hawaii v. Trump: An Overview
Yesterday the U.S. Court of Appeals of the Ninth Circuit, in a per curiam opinion, affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal dist... -
Blocking Twitter Users from the Presidential Account
President Trump’s alleged blocking of members of the public on Twitter on what appear to be viewpoint-based considerations, preventing them from reading his tweets and responding to them, raises serious ... -
If Trump Fires Mueller (Or Orders His Firing)
There are growing indications that President Trump may be thinking about getting rid of Special Counsel Robert Mueller. Last weekend one of the President’s private lawyers would not rule out the possibil... -
Legal Ethics Questions for Trump’s Personal Lawyer
Concerns about the role and conduct of President Trump’s personal defense lawyer for the Russia investigations, Marc Kasowitz of Kasowitz Benson & Torres LLP, have previously been raised at Lawfare. -
Marc Kasowitz, Call Your Lawyer
Today's New York Times contains this tidbit in an article about Marc Kasowitz and his role in the Trump White House: "In recent days, Mr. Kasowitz has advised White House aides to discuss the inquiry int... -
The Rule of Law: Implications of the Comey Testimony and the Kasowitz Defense
Former FBI Director James Comey judged that the President lacked a basic integrity, and that he would have to document each of their conversations to protect himself and perhaps, too, to create a record ... -
On Bad Lawyering in Presidential Scandals Past and Present
Almost two decades ago, a few short months after being hired as an editorial writer by the Washington Post to write high-minded legal-affairs editorials on those important questions that arise in the lif...
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