Latest in Executive Branch
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The Deterrent Threat of a Vetoed War Powers Resolution
While President Trump can decide whether to use force against Iran, Congress has taken steps that may make him unwilling to do so. -
Judge Sullivan Can Reject the Government’s Motion to Drop Flynn’s Case
If, after careful review, the judge finds that the government’s motion to dismiss the case against Michael Flynn is tainted, he has a duty to deny that motion. -
The 'Shadow Report' on Commanders’ Prosecutorial Powers Raises More Questions Than Answers
There’s a new expert report out on potential reforms to the military justice system. The report raises some good ideas but has its flaws. -
The Justice Department’s Faulty Arguments in the Flynn Case
Under the logic of the government’s motion to dismiss the charges against Michael Flynn, the FBI can’t investigate whether someone is a Russian agent unless it already has evidence that the person is a R... -
Is a Major Change to Military Justice in the Works?
A new expert report recommends that the military justice system change who decides whether a particular service-member should be court-martialed. That would be a major shift. -
Remembering the Montgomery Ward Seizure: FDR and War Production Powers
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like. -
L.M.-M. v. Cuccinelli: Trump’s Preference for Acting Officials Hits A Wall
A recent challenge to a set of directives issued by then-Principal Deputy Director of USCIS Ken Cuccinelli led a federal district judge to hold that Cuccinelli’s appointment violated the Federal Vacancie... -
When Can the President Withdraw From the Open Skies Treaty?
Congress has set limits on U.S. withdrawal from a major arms control treaty. But President Trump may not feel that he has to abide by them. -
The Pentagon’s General Counsel Defends the Legality of the Soleimani Strike
Speaking at Brigham Young University, Defense Department General Counsel Paul Nye offered the most-detailed defense we have yet seen of the Soleimani airstrike, addressing both international and domestic... -
Summary: Appointment of USCIS Director Cuccinelli Violates Federal Vacancies Reform Act, Court Rules
Judge Randolph Moss of the U.S. District Court for the District of Columbia found that Kenneth Cuccinelli’s appointment on an acting basis to lead U.S. Citizenship and Immigration Services had been unlaw... -
Why the Trump Administration May End Up in Court Over War Powers Reporting
Congress has told the Trump administration that it has to produce a public war powers report by March 1. And if that doesn’t happen, private citizens can now sue over it. -
What a New Resource Says About the Value of War Powers Reporting
A valuable new database of war powers reports is available for scholars—but absent congressional action, the type of document it is collecting may not be long for this world.
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