Latest in Executive Branch
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OSC Finds 13 Senior Trump Officials Violated Hatch Act During 2020 Presidential Campaign
The Office of Special Counsel released a report outlining their investigation of political activities by senior Trump administration officials leading up to the presidential election. -
The Law of Individual Disqualification in a Democracy
The Jan. 6 attack on the Capitol has raised questions on whether consequences should be imposed on any of the elected officials responsible. A comparative analysis of the methods of discipline against po... -
An Update on the Prospects for a Contempt Prosecution of Steve Bannon
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon. -
Jan. 6 Committee Releases Contempt Report on Steve Bannon
The report outlines the committee’s efforts to get Bannon to comply and his failure to do so. -
Trump Files Lawsuit Against Jan. 6 Committee and NARA
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When Is a State Secret Not a Secret?
In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public doma... -
Senate Committee Releases Report on Trump’s Efforts to Overturn 2020 Election
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Tolling the Statute of Limitations to Prosecute a Former President: A Double-Edged Sword
The preservation of democracy requires that prosecutors have the ability to investigate and indict a sitting president when the president commits crimes. The Protecting Our Democracy Act is an important ... -
Executive Privilege and the Jan. 6 Investigation
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinc... -
Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege. -
DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia
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