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Document: White House CET Strategy
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Avoiding Another McGahn: Options to Modernize Congress’s Subpoena Compliance Tools
Congress is capable of enforcing executive branch subpoenas itself, without reliance on the courts. But it will require revisiting and reforming how it exercises its contempt powers. -
An Examination of U.S. Military Payments to Civilians Harmed During Conflict in Afghanistan and Iraq
New data is available about U.S. military sympathy payments. What are these payments? What does the data reveal? -
What to Make of the Johnson-Grassley Report on Biden and Burisma
The report doesn't break any new ground and highlights the decline of the Senate Homeland Security and Governmental Affairs Committee. -
Constitutional War Powers: A “Casebook Chapter”
Professor Stephen Griffin (of Tulane) and I have posted to SSRN what we’re calling our free “model casebook chapter” on constitutional war powers. -
Eisenhower and War Powers
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions. -
Who’s on First at the Department of Homeland Security?
What’s going on with the top positions in the Department of Homeland Security? -
Even More Questions About the Durham Investigation
Among other things, the Senate Intelligence Committee’s report on Russian election interference and New York Times reporter Michael Schmidt’s book on the Russia investigation shed light on U.S. Attorney ... -
Court-Appointed Amicus Files Reply Brief in Flynn Case
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Congress Has Broad Power to Structure the Military—and It Should Use It
The Constitution gives Congress a broad, and underappreciated, power to structure the armed forces, assign duties to offices and regulate military chains of command. -
The Importance of Giving Reasons (Even in Secret)
The director of national intelligence has decided to curtail in-person briefings to Congress about election security. Congress should push back. -
En Banc D.C. Circuit Denies Flynn's Petition to Dismiss Criminal Case