Latest in Executive Branch
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Does an FBI Investigation Qualify Under the Obstruction of Justice Statutes? A Closer Look
There’s been a lot of talk of obstruction of justice of late, and we’ve been part of it. -
A New Jurisprudence for an Oathless Presidency
As the litigation over the travel ban has developed, the debate over the legality of the policy increasingly hinges on whether the judiciary can permissibly consider off-the-cuff statements made by Trump... -
Nationalism Canons
As connoisseurs of Schadenfreude, I'm sure we all look forward to that fateful day when a phalanx of Trump-appointed judges will confront a Democratic president and administration, like the Spartan immor... -
Department of Justice Files Cert Petition in IRAP v. Trump
The Justice Department has filed a petition for a writ of certiorari in International Refugee Assistance Project v. Trump, requesting that the Supreme Court review the opinion of the U.S. Court of Appeal... -
On the Mood Among My Former Colleagues at the FBI
On May 9, immediately after the firing of FBI Director James Comey, Deputy Press Secretary Sarah Huckabee Sanders told CBS that the administration fired Comey, at least in part, because “rank-and-file” F... -
The President “Lawyers Up”: Constitutional Duty and Private Interest in the Trump Legal Defense
Donald Trump thrives on turbulence and hard-fought battles and, as he has often said, he prizes his readiness to return every blow with one even harder than the one landed on him. This is the strategic c... -
Analysis of IRAP v. Trump Part III: The Concurring Opinions of Judges Thacker, Keenan, and Wynn
This post is the third part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements. -
Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece
This is the second part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed the majority’s assessment of Trump and associates’ pre- and post-inaugurati... -
Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements
Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a clo... -
The Fourth Circuit and the Refugee EO: Establishing Confusion
The Establishment Clause took center stage in Monday’s 10-3 Fourth Circuit decision in International Refugee Assistance Project (IRAP) v. Trump upholding a Maryland district court’s preliminary injuncti... -
Fourth Circuit Upholds Injunction on Trump’s Travel Ban in IRAP v. Trump: A Summary
Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. Trump, the U.S. -
Counterintelligence Investigations and the Special Counsel’s Mandate: Part I
Ever since Acting Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a Special Counsel to investigate allegations of Russian interference in the 2016 election, commentators h...
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