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The Senate Impeachment Trial: Call the Witnesses or Concede the Facts
Unless Republican senators want to accept the facts laid out by the House leadership and restrict themselves to the legal question of whether those facts demonstrate impeachable conduct, they’re going to... -
House Releases New Material Related to Impeachment
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Go Ahead, Apply the Federal Rules of Evidence to the Senate Impeachment Trial
Congressional Republicans argue that the Federal Rules of Evidence should apply to the impeachment trial. But following these rules would guarantee that the Senate could hear from the witnesses that Mitc... -
A New Legal Adviser Nominee
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Targeting Shahla’i in Addition to Soleimani: Unpacking the Legal Questions
The U.S. may have attempted to kill a second Quds Force commander simultaneous with the Soleimani attack, this time in Yemen. The situation underscores the confusion that besets the self-defense justific... -
Should the House Have Gone to the Courts on Obstruction Before Impeaching?
Legislators largely allowed the executive branch to take refuge in broad prophylactic doctrines that eliminated any need to consider Congress’s interests. -
Obstruction of Congress, Impeachment and Constitutional Conflict
Any discussion of the obstruction charge against President Trump should take into account the historical constitutional disputes between Congress and the executive branch. -
Announcing "Context and Consequences of the Soleimani Strike," a New Lawfare E-book
A new Lawfare Institute e-book, "Context and Consequences of the Soleimani Strike: A Lawfare Compilation," is now available on Kindle. -
The House Should Subpoena Witnesses Before Transmitting Impeachment Articles
The House should subpoena those witnesses whose testimony would speak to the president’s personal culpability in the withholding of appropriated military assistance to Ukraine. -
The Long Road Ahead for the Congressional Resolutions on Iran
The War Powers Resolution provides expedited procedures for a very specific type of legislation. This limits how Congress can use them in regard to Iran. -
Rep. Slotkin Introduces War Powers Resolution
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The Soleimani Strike: One Person Decides
The United States—through presidential aggrandizement, as well as congressional delegation and acquiescence—has given the president discretion to use force in ways that can easily lead to a massive war.