Latest in Executive Branch
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The D.C. Circuit Considers the Constitutionality of Bob Mueller’s Appointment
The president shouldn’t hold his breath for the court to have any serious objections to the special counsel’s appointment. -
Oral Argument Preview: In re Grand Jury Investigation (Andrew Miller Case)
On Thursday, Nov. 8, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will hear oral argument in In re Grand Jury Investigation, a case that could decide the constitutional validity ... -
The Ethical Landmine of Undermining a President From Within
Before Donald Trump secured the Republican Party nomination in the summer of 2016, Lawfare and others hosted articles expressing concern about the potential impact of a Trump presidency on national-secur... -
Remembering St. Clair’s Defeat
Today is the anniversary of, by some measures, the U.S. military’s worst battlefield defeat ever. On Nov. 4, 1791, U.S. military forces, under the command of Northwest Territory Governor and U.S. General... -
The White House Counsel and the Pending Birthright Citizenship Executive Order
Former White House Counsel Donald McGahn had his work cut out for him as legal adviser to this particular president, and his successor, Pat A. Cipollone, cannot expect an easier time. Among the looming c... -
Did the President’s Tweets Lead Prosecutors to Seek the Death Penalty for Sayfullo Saipov?
Much has been written, on Lawfare and elsewhere, about the dangers of presidential interference with the Justice Department and, in particular, the special counsel’s investigation. -
The Unintended Consequences of Enshrining Norms in Law
Donald Trump’s disregard for governing norms is by now well established. It is partly but not entirely explained by his impulsiveness and lack of experience with government. A norm is, after all, a const... -
A Starr Report
Back in 2002, I published a book entitled Starr: A Reassessment, which took a nuanced look at the history of Kenneth Starr’s service as independent counsel. The book focused on Starr’s understanding of h... -
Is China Interfering in American Politics?
Speaking before the General Assembly of the United Nations on Sept. 26, President Trump issued an incendiary charge against China. “We have found,” the president declared, “that China has been attempting... -
Quick Notes on the Rosenstein Revelations
The New York Times story will assist Trump’s “Witch Hunt” and “Deep State” narrative, and deepen worries about the stability of our government. -
The Manafort Guilty Plea, the Mueller Investigation, and the President
Only three weeks ago, the president of the United States lauded Paul Manafort for bravely rejecting any cooperation with Special Counsel Robert Mueller: -
Responses to the Demagogue: ‘Unsung Heroes’ and the Impeachment Process
On Sept. 5, the New York Times published an anonymous op-ed by a “senior official in the Trump administration,” calling into question the president’s fitness for office. The author, call him or her Anony...
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