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When Questions of Norms Become Questions of Law: Trump's Conversations with Comey
For a reason still unknown, the President’s letter dismissing the FBI Director included the statement that James Comey had told him three times that he was not under investigation. The letter alone raise... -
Takeaways from Acting FBI Director Andrew McCabe's Testimony Today
A previously-scheduled Senate Intelligence Committee hearing today on “Worldwide Threats” became the object of unexpected excitement given the recent dismissal of former FBI Director James Comey, as Come... -
Liveblog: Acting FBI Director Andrew McCabe Testifies before the Senate Intelligence Committee
At 10am this morning, the Senate Intelligence Committee will hold a hearing on "Worldwide Threats." While witnesses include Director of National Intelligence Dan Coats, CIA Director Mike Pompeo, NSA Dire... -
How It Was Done: The Problem Is Not Only That Trump Fired Comey, But How He Did It
In the critical response to the President’s firing of Jim Comey, much of the commentary has centered on the action itself, its motives and its potential effects. -
Did Attorney General Sessions Violate His Promise to Recuse Himself in Recommending Comey’s Dismissal?
Attorney General Jeff Sessions played a key role in the firing of FBI Director James Comey last night by unequivocally recommending Comey’s dismissal to the President of the United States. -
Was the Firing of James Comey Obstruction of Justice?
Following the abrupt firing of FBI Director James Comey there is widespread speculation about whether the episode constitutes obstruction of justice. -
Backgrounder: The Power to Appoint & Remove the FBI Director
I thought a brief backgrounder on the power of the President to appoint and to remove the FBI Director might be in order this morning... The Power to Appoint -
Did Trump Tell Flynn to Talk to the Russian Ambassador—and Lie About It?
On Tuesday, during lunch at my desk, I watched a CNN roundtable which, though pretty hard on General Flynn, professed to be baffled as to what happened after Sally Yates went to the White House Counsel t... -
Statements on the Firing of FBI Director James Comey
We’re rounding up key public statements addressing President Trump’s firing of FBI Director James Comey. Watch this page; we'll update as new statements are issued. Senators Sen. Tammy Baldwin (D-WI): -
FBI Director James Comey Dismissed
President Trump has dismissed FBI Director James Comey. The press statement of the White House, along with letters from President Trump, Attorney General Sessions, and Deputy Attorney General Rod Rosenst... -
Can a President’s Absolute Immunity be Trumped?
It’s time to think hard about Nixon v. Fitzgerald. Fitzgerald isn’t really part of the national security law canon; it’s a 1982 Supreme Court decision that is often cited for the proposition that the P... -
IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories”
Yesterday, thirteen judges of the Fourth Circuit sitting en banc heard argument in IRAP v. Trump. Acting Solicitor General Jeffrey Wall handled with aplomb an hour of blistering questions from about seve...
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