Russian Interference

From pro-Trump cyberattacks on the electoral process, to rumored financial ties to the Trump Organization, to questionable contacts with senior U.S. officials, Russia’s relationship with the Trump Administration is rife with uncertainty.

Versus Trump: On Flynn, Bolton, and Mary Trump

7/5/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: What Will Happen To Michael Flynn?

5/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the extraordinary motion to dismiss Michael Flynn's criminal case. Does the DOJ's logic make sense? And what can Judge Sullivan do if he chooses not to dismiss the case? Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Trump vs. The Mainstream Media

4/2/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Ask Mueller about Indicting a President: The Legal Error at the Heart of his Cryptic Report

7/23/19  //  Commentary

Let's not have unrealistic expectations of Mueller dropping bombshells. But if Congress is going to hold hearings, it should ask these questions.

Jed Shugerman

Fordham Law School

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

Updates | The Week of February 19, 2018

2/25/18  //  Daily Update

Special Counsel Robert Mueller filed a new charge against Paul Manafort while Richard Gates pled guilty. Meanwhile, President Trump's proposal to arm teachers drew controversy in Washington.

Jacob Miller

Harvard Law School

Updates | The Week of February 5, 2018

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

President Trump attempted to fire Special Counsel Mueller in June 2017 over his obstruction of justice probe, but refrained after White House Counsel Don McGahn threatened to quit.

Updates | The Week of January 15, 2018

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

Jacob Miller

Harvard Law School

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

Americans must decide now how they will respond if Special Counsel Mueller is fired. Allies of the Trump Administration may be trying to spread doubt about the Russia investigation to provide political cover for future presidential pardons. A lawyer for President Trump claimed Robert Mueller obtained transition emails improperly, while a spokesman for Mueller disputed the claims.

It Was Legal for the President to Fire Comey. That’s the Problem.

5/10/17  //  Commentary

It’s already too late in the day to trust the executive branch to police itself. That lack of trust should extend to a special prosecutor, independent counsel, or whatever other nice terms you want to call it. At this point, only Congress can credibly investigate the President.

Nikolas Bowie

Harvard Law School

Trump Jr. and Citizens United

7/13/17  //  Commentary

In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.

Michael C. Dorf

Cornell Law School

What Will You Do if Mueller is Fired?

12/23/17  //  Commentary

If your tendency, like mine, is to deliberate when called to action, my humble suggestion is simply this: Deliberate now. Reflect on what you will do now. Decide now.

Andrew Crespo

Harvard Law School

Versus Trump: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: The House Versus The FBI

2/8/18  //  Commentary

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel.

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Waivers of Executive Privilege Can Be Informal

6/6/17  //  Commentary

Even Had He Wanted to Assert Executive Privilege, Trump May Have Waived Any Such Claim Over His Conversations With Jim Comey By Blabbing and Tweeting About Them

Leah Litman

Michigan Law School

Laurence H. Tribe

Harvard Law School

Versus Trump: The First Shoe (with guest David Sklansky)

11/2/17  //  Uncategorized

On this week’s episode of Versus Trump, Jason, Charlie, and special guest David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

The Russia Sanctions Bill Is Unconstitutional – and Unnecessarily So

7/26/17  //  Commentary

The bill to impose sanctions on Russia for meddling in the 2016 election is unconstitutional. And unnecessarily so.

Daniel Hemel

University of Chicago Law School

President Trump Shouldn't Be Impeached If He Hasn't Committed a Crime

5/22/17  //  Commentary

It would be a grave mistake to call for President Trump's impeachment if he hasn't committed a crime. In an era of tit-for-tat partisanship, lowering the impeachment standard to “anything Congress thinks is wrong” is a recipe for dysfunctional government, one in which the House of one party could perpetually threaten to impeach the White House of another.

Nikolas Bowie

Harvard Law School

The Comey Firing in (Comparative) Context

5/11/17  //  In-Depth Analysis

President Trump’s abrupt firing of FBI Director James Comey prompted two immediate questions: Is the firing legal, and is this a constitutional crisis? But are these even the right questions to pose?

Aziz Huq

University of Chicago Law School

The Comey Hearing: Lots of Big News

6/8/17  //  Quick Reactions

No GOP attack dogs; Lynch, Sessions, Rosenstein in trouble; McCain’s health

Jed Shugerman

Fordham Law School

Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)

4/19/18  //  Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen

3/29/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Trump Versus Trump's Banks

5/9/19  //  Uncategorized

This week on Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by the President seeking to prevent two banks from responding to Congressional subpoenas that seek information about the his business dealings. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Comey Firing - Legal Analyses From Around the Web

5/15/17  //  Latest Developments

A day-by-day guide to legal analysis of the many questions raised by Trump's abrupt firing of FBI Director James Comey.

Take Care

One More Reason President Trump Shouldn’t Fire Special Counsel Mueller

5/21/18  //  Commentary

If President Trump thinks that firing Mueller would automatically bring his year-long investigation to an end, he ought to think again.

Brianne J. Gorod

Constitutional Accountability Center

Fake Transparency

5/9/17  //  Quick Reactions

As long as the Deputy Attorney General is writing memos making recommendations to the President, it is time to make a recommendation for the appointment of a special counsel.

Neil J. Kinkopf

George State University College of Law

What if Trump Fires Mueller or Starts Mass Pardons? It Would Backfire.

7/21/17  //  Commentary

There are more and more signals that Trump is exploring firing Mueller and pardoning anyone and everyone in his circle. So what would happen next? Those moves would backfire spectacularly.

Jed Shugerman

Fordham Law School

Trump's Dangerous Call to Open Criminal Investigations into Democrats

10/30/17  //  Quick Reactions

As a nation, we now find ourselves in uncharted territory.

Eli Savit

University of Michigan Law School

Yes, Hope is a Sufficient Basis for Obstruction of Justice

6/13/17  //  Commentary

I reviewed all federal circuit courts of appeals cases, federal district court cases, and state supreme court cases for obstruction of justice cases involving a defendant’s use of language similar to “I hope” or “I’m hoping.” The results are in line with what we would expect if “hope” verbiage is uncontroversially and generally understood as implying direction.

Nunes Recuses. Sort Of. Now What?

4/7/17  //  Quick Reactions

Chairman of the House Permanent Select Committee on Intelligence Devin Nunes will step aside from the committee’s Russia investigation. Sort of. What does this mean -- and what comes next?

Ian Samuel

Harvard Law School

Why Trump Can’t (Lawfully) Fire Mueller

6/13/17  //  Commentary

There’s been a great deal of noise from some of the President’s confidants over the past 48 hours suggesting that he might (try to) remove Special Counsel Robert Mueller.

Marty Lederman

Georgetown Law

Trump, Pardons, and Guilt

7/25/17  //  In-Depth Analysis

By Mark Osler: Pardons by Trump would be a significant departure from what the pardon power has meant. Clemency is for the guilty, not the innocent.

Take Care

Versus Trump: Mueller-ing Things Over

3/28/19  //  Commentary

The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Self-Pardon Question: What Comes Next?

7/27/17  //  Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

Take Care

The Pardon Power is a Bug, Not a Feature

11/1/17  //  Commentary

The pardon power is a kind of booby trap that threatens to explode our system of constitutional accountability.

Michael C. Dorf

Cornell Law School

Executive Privilege(s) and the Testimony of James Comey

6/9/17  //  Commentary

The various references to executive privilege and unauthorized disclosures must be analyzed more closely.

Peter M. Shane

Ohio State, Moritz College of Law

Villains, Careerists, and Patriots: Thoughts on Kobach, Rosenstein, Comey, and McMaster

5/22/17  //  Commentary

When do a person's actions demonstrate that whatever they might have been in the past, they are now villains? When do their curious actions reveal them to be careerists? And when does the sacrifice of personal reputation serve a greater good?

Michael C. Dorf

Cornell Law School

Can Trump Replace Rosenstein Without the Senate?

2/1/18  //  Commentary

What if the president has no power to replace Rod Rosenstein after firing him—at least not without help from the Senate?

Nikolas Bowie

Harvard Law School

Versus Trump: It's Here!

4/25/19  //  In-Depth Analysis

This week on Versus Trump, Charlie, and Easha discuss the long-awaited Mueller Report. They break down the report step-by-step, discuss the legal issues it raises, and have an all-around good time while they're at it. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Trump’s Advisors Need to Step Up, Or Step Out

5/24/17  //  Commentary

Astounding revelations have erased any reasonable doubt that the President’s shortcomings endanger global security. The time has come to focus on Executive Branch officials who have a duty to guide and, if necessary, constrain Trump. They need to step up, or step out.

Dawn Johnsen

Indiana University Maurer School of Law

Versus Trump: Manafort Sues, and Trump Threatens

1/11/18  //  Uncategorized

On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

How the Russian Conspiracy Injured Real, Innocent People

5/16/18  //  Commentary

On Thursday, the one year anniversary of Special Counsel Robert Mueller’s appointment, attorneys for Donald Trump will stand up in a court of law to answer questions for the first time related to Russia. But it won’t be in the Mueller investigation.

Erwin Chemerinsky

U.C. Irvine School of Law

Paul Manafort's Many-Flawed Challenge to Prosecutorial Authority

1/4/18  //  Commentary

This lawsuit likely will face early dismissal.

Peter M. Shane

Ohio State, Moritz College of Law

Why Trump’s Firing of Comey is Terrifying

5/10/17  //  Commentary

Our country has a very strong, very important norm of apolitical law enforcement. But this norm, ironically, is enforced mostly by politics, not law—and Trump’s action has risked doing it irreparable damage. Going forward, here's what to watch at the state and federal levels.

Zachary Price

U.C. Hastings College of the Law

The Fire Alarm Function of Office-Holding

6/19/17  //  Commentary

Trumps can fire Mueller only by issuing a directive to Acting AG Rod Rosenstein. Here's why -- and why it really matters.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Russia Check-In

3/1/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Mueller Report Counterspin: We Still Don't Know Why Trump Denied Russian Interference

4/19/19  //  In-Depth Analysis

The Mueller Report could but won't be used as the basis for impeachment. Meanwhile, it leaves two fundamental questions unanswered.

Michael C. Dorf

Cornell Law School

Comey Counterarguments: The Trees, the Forest, and the Firing.

6/8/17  //  Commentary

I’ve been reading the arguments that Comey’s written testimony does not show obstruction of justice. Ultimately, these arguments focus on the trees to obscure the forest, and at the end of that forest is the decisive event of obstruction: Trump firing Comey.

Jed Shugerman

Fordham Law School

Why Impeachment Must Remain A Priority

5/23/17  //  Commentary

The appointment of Special Counsel Robert Mueller must not lead progressives to put the thought of impeaching President Trump on a back-burner.

Laurence H. Tribe

Harvard Law School

Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Ten Questions for a New FBI Director

6/6/17  //  Commentary

By Allison Murphy: Given President Trump’s documented and acknowledged efforts to interfere with the independence of the FBI, the Senate should presume that could continue under a new FBI Director. It is therefore incumbent upon Senators to ensure that any Trump nominee for FBI Director commits to certain baseline aspects of independence and impartiality before any new nominee is confirmed. Here are 10 questions that require answers.

Take Care

The Audacity of The President’s "Hope"

6/13/17  //  In-Depth Analysis

Senator Risch asked Jim Comey whether a person has been charged for obstruction of justice or any other criminal offense, where they said or thought they hoped for an outcome. We hope he finds our research instructive.

Daniel Epps

Washington University Law School

Leah Litman

Michigan Law School

Why Firing Comey Guts DOJ's Main Defense of the Muslim Ban 

5/10/17  //  Commentary

Sometimes, when an emissary of the President asks courts to “trust us,” things the President does elsewhere can fatally undermine judicial confidence in the President’s respect for rule of law values. We’ve seen it before and we’re about to see it again.

Versus Trump: Updates, Y'all!

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

[UPDATED] Trump's Innocence and the Rule of Law

5/12/17  //  Commentary

Even if Trump fired Comey because Trump knows himself to be innocent of Russia-related wrongdoing, that would still be unacceptable.

Richard Primus

University of Michigan Law School

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

8/7/17  //  In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Marty Lederman

Georgetown Law

Versus Trump: Versus Mueller

6/28/18  //  Commentary

After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

Versus Trump: A Two-Level Versus Trump Case

8/30/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Attacks on Mueller’s Investigation are Desperate, Baseless, and Unprecedented

7/13/17  //  Commentary

The President’s minions have been laying the groundwork for Mueller’s dismissal. But their attacks are ill-founded.

David Sklansky

Stanford Law School

Our (Ongoing) Coverage of the Comey Firing

5/11/17  //  Uncategorized

An organized guide to all Take Care coverage and analysis of President Trump's abrupt termination of FBI Director Comey

Take Care

Versus Trump: The Collusion Lawsuit

7/27/17  //  Uncategorized

On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

A Small Glitch in a Bill to Protect the Special Counsel

8/3/17  //  Quick Reactions

Sometimes it matters where in the sentence you put 'only'

Charlie Gerstein

Gerstein Harrow LLP

Quick Thoughts On Jared Kushner's Blame Game

7/24/17  //  Quick Reactions

Jared Kushner's statement blames everyone but himself for his failures to disclose contacts with foreign officials.

Leah Litman

Michigan Law School

Even If McCabe Committed Wrongdoing, He Was Likely Fired for 'This Russia Thing'

3/20/18  //  Commentary

The firing of James Comey closely parallels McCabe's firing

Michael C. Dorf

Cornell Law School

Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Pence and Obstruction of Justice

9/5/17  //  In-Depth Analysis

Exploring Vice President Pence’s potential criminal jeopardy for conspiring to obstruct justice, aiding the obstruction of justice, and 'misprision of a felony' in concealing the obstruction of justice.

Jed Shugerman

Fordham Law School

Versus Trump: "What About Congress? + Steven Wu"

6/8/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Seven Reactions to Today’s Coats/Rogers Testimony

6/7/17  //  Quick Reactions

Jed Shugerman analyzes today's live testimony before the Senate Intelligence Committee.

Jed Shugerman

Fordham Law School

On Presumptions Of Regularity, And Incidents Of Irregularity

5/11/17  //  Commentary

The Presumption of Regularity, Like All Presumptions, Is Rebuttable, Not Conclusive Evidence

Leah Litman

Michigan Law School

Sessions Preview and Review

6/13/17  //  Commentary

The already strong case for felony false statement might get unbearably stronger

Jed Shugerman

Fordham Law School

The One Question Worth Asking

7/25/17  //  Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

Daniel Hemel

University of Chicago Law School

Versus Trump: Movin' Right Along

4/12/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Why Hasn’t Rod Rosenstein Recused Himself From the Russiagate Probe?

5/22/17  //  Commentary

Deputy Attorney General Rod Rosenstein should recuse himself from the probe into the Trump campaign’s ties to Russia and the President’s apparent attempt to obstruct the FBI’s inquiry. Rosenstein himself played a key role in the events at the center of the controversy, and his continued involvement casts a shadow over the ongoing investigation.

Daniel Hemel

University of Chicago Law School

Did the Nunes Memo Answer Rangappa’s Five Questions? The Nunes Memo is a Nothing Memo.

2/5/18  //  In-Depth Analysis

Yale Law’s Asha Rangappa offered an excellent post asking five key questions. If the Nunes Memo did not address them, it seriously undercuts its credibility.

Jed Shugerman

Fordham Law School

How Might Congress Reinforce NATO?

5/30/17  //  Commentary

President Trump's overseas trip has cast doubt on longstanding consensus features of U.S. foreign policy, particularly our commitment to NATO. Here are some ways Congress might respond.

Zachary Price

U.C. Hastings College of the Law

Russia and 'Enemies' under the Treason Clause

7/24/17  //  In-Depth Analysis

By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.

Take Care

Remarks at the Boston March for Truth

6/8/17  //  In-Depth Analysis

"Whether the structural safeguards the Framers inscribed in the Constitution are up to the task of constraining Trump’s authoritarian tendencies are anybody’s guess. In the end, only the force of public opinion, especially as expressed in elections, can save American democracy."

Versus Trump: The Unique Manafort Plea

9/27/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about pardons, Double Jeopardy, forfeiture, and the Manafort guilty plea. They also weigh in on the Kavanaugh developments and what would happen if Rosenstein were fired. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

What If There’s a Fake Tape?

6/13/17  //  Commentary

Many are speculating about whether President Trump recorded his conversations with fired FBI Director Jim Comey, and Wikileaks has even offered a reward for any Trump-Comey recordings. But new technology allows creation of fake recordings with real people's voices. Now is a good time to start thinking about this technology's implications for our democracy and legal system.

Zachary Price

U.C. Hastings College of the Law

A New Civil Case Powerfully Opens a New Front Against Trump for Russia Conspiracy

7/13/17  //  Quick Reactions

A powerful new civil complaint that focuses on the Russian hacking conspiracy has been filed against the Trump campaign.

Jed Shugerman

Fordham Law School

A Few Cheers For The Appointment Of A Special Counsel

5/17/17  //  Quick Reactions

In a welcome development, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a special counsel to investigate Russia-related (criminal) wrongdoing.

Leah Litman

Michigan Law School

First Tragedy, Now Farce

5/15/17  //  In-Depth Analysis

Those who forget history are indeed doomed to repeat it. But when history repeats, it often shifts in the repetition: first acts come as tragedy and then return as farce. By many measures, Nixon was a tragic figure. Trump, by contrast, is pure farce. And unlike tragedies, farces don’t end with a flash of recognition—a moment of self-awareness like King Lear’s on the heath. Farces just keep going until someone cries "enough!"

Jon D. Michaels

UCLA School of Law

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Attorney General Jeff Sessions testified before the Senate Intelligence Committee. Special counsel Robert Mueller is recruiting a team of star lawyers. President Trump's lawyer Marc Kasowitz will reportedly file a complaint over former FBI Director James Comey's "leaked" memo.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Former FBI Director, James Comey, testified in front of the Senate Intelligence Committee, with much analysis.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

Special Counsel Robert Mueller empaneled a grand jury in relation to the Russia probe. Two sets of Senators introduced legislation to limit the President's ability to fire Mueller. Vladimir Putin expelled 755 American diplomats and staff.

Updates | The Week of September 11, 2017

9/17/17  //  Daily Update

Trump's decision to end DACA spurs a flurry of legal challenges; his election fraud commission gets into more trouble; and the Supreme Court stays the Ninth Circuit's latest trvel ban ruling.

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

Special Counsel Robert Mueller plans to review documents regarding AG Sessions recusal decision, as well as interview congressional aides, foreign intermediaries, and other campaign officials. Russian interference raises difficult questions regarding whether the meddling was actually illegal and what rights foreign actors have in American elections.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Devin Nunes has been replaced on the House Intelligence Committee. More information comes out regarding Russia's interference in the 2016 election, including its relationship with Carter Page and its efforts to undermine American confidence in democracy.

Updates | The Week of May 8, 2017

5/10/17  //  Daily Update

Federal prosecutors issued grand jury subpoenas seeking records of former National Security Adviser Michael Flynn. Former Acting Attorney General Sally Yates testified that she warned the Trump Administration that Flynn could be blackmailed by Russia.

Updates | The Week of October 16

10/21/17  //  Daily Update

Congressional investigators are focusing efforts on connections between Russia and social media in the lead up to the 2016 election. President George W. Bush gave a speech, seen as criticizing President Trump, warning of the effects of Russia's intervention.

Updates | The Week of September 4, 2017

9/10/17  //  Daily Update

The President orders an end to DACA and has Attorney General Jeff Sessions announce the change; Trump Jr.'s June 2016 meeting with a Russian lawyer undergoes more scrutiny; Trump's 16 nominations to the federal judiciary spur challenges and concern.

Updates | The Week of July 24, 2017

7/31/17  //  Daily Update

Jared Kushner met privately with congressional committees to answer questions about his interactions with Russian officials, as both the Senate and House approved a bill expanding sanctions on Russia and limiting the president's ability to rescind them.

Updates | The Week of July 10, 2017

6/27/17  //  Daily Update

The New York Times revealed that Donald Trump, Jr., Jared Kushner, and Paul Manafort met with a Russian government-linked attorney during the campaign who promised them negative material on Hillary Clinton. The revelations sparked substantial commentary regarding liability under criminal or campaign finance laws.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The FBI's investigation of Russian Interference in the 2016 Election continues and Director James Comey spoke out on his pre-election disclosures. Michael Flynn's Russian connections continue to haunt the White House.

Take Care

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump levelled accusations against the Obama administration of improper surveillance activity, claiming that former National Security Adviser Susan E. Rice committed a crime by seeking to "unmask" the identities of Trump associates whose communications were intercepted incidentally by U.S. intelligence agencies. Chairman of the House Permanent Select Committee on Intelligence Devin Nunes announced that he will step aside from the committee’s Russia investigation.

Updates | The Week of October 30, 2017

11/5/17  //  Daily Update

Paul Manafort, former chairman of the Trump campaign, and his colleague Rick Gates, were indicted by Special Counsel Robert Mueller. George Papadopoulos, a foreign policy advisor to the Trump campaign, also pleaded guilty on charges of making false statements to the FBI regarding contacts with Russian nationals.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

President Trump pledged more than $400,000 of his own money to cover his aides' legal costs in the Russia probes. Reports surfaced this week that the Steele Dossier was financed in part by the Clinton campaign and the DNC. A bipartisan bill would impose more stringent political advertising requirements online.

Updates | The Week of November 13, 2017

11/19/17  //  Daily Update

The House passes its version of a tax bill that would dramatically alter the tax code as President Trump faces trouble over the diversity of his federal judicial nominees and the fitness of his appointees to office, some of whom have alleged conflicts of interest.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Investigations continue into the role of social media platforms in Russia's attempts to influence the presidential election. President Trump called the numerous Russia investigations a "hoax."

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

Facebook turned over extensive records of Russia-linked advertisements to both congressional investigators and Special Counsel Robert Mueller's team. Mueller is seeking documents from the White House, and his team is rigorously investigating Paul Manafort's past. President Trump's lawyers clashed over how best to manage the Russia inquiries.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

Special Counsel Mueller's probe has expanded and numerous previously undisclosed meetings between members of the Trump campaign and Russians have come to light.

Update | The Week of November 27, 2017

12/3/17  //  Daily Update

Former National Security Advisor Michael Flynn pleaded guilty on Friday to lying to the FBI about conversations with the Russian Ambassador. Jared Kushner met with Special Counsel Robert Mueller to discuss possible collusion between the Trump campaign and Russia during the 2016 election.

Jeffrey Stein

Columbia Law School

Updates | The Week of August 28, 2017

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The FBI received a FISA warrant to monitor a Trump foreign policy advisor during the 2016 campaign, and British intelligence agencies intercepted communications between Russian officials and Trump associates. President Trump's new aggressive posture towards Russia raises questions.

Updates | The Week of November 6, 2017

11/12/17  //  Daily Update

As the GOP attempts tax reform, the Mueller investigation keeps heating up, as does Trump's rhetoric on North Korea.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The special counsel investigation got off to a running start this week. Congressional investigations continued with the issuing of multiple subpoenas. Attention turned to President Trump’s son-in-law and senior advisor Jared Kushner, while questions continued to swirl around Attorney General Jeff Sessions’s campaign contacts with Russian officials. Vladimir Putin hinted at Russian interference in the election.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Rumors abound about whether the President will fire Special Counsel Robert Mueller and if Deputy Attorney General Rosenstein will recuse himself from the Russia Investigation. Members of the presidential cabinet retained private legal counsel, but the President continues to contradict his own lawyers.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Leaked emails revealed that Trump campaign manager Paul Manafort attempted to use his position to solicit money from a Russian oligarch with ties to the Russian government. Special Counsel Mueller asked his team to research the boundaries of the pardon power. Facebook turned over thousands of Russian ad buys from the 2016 election.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Special Counsel Mueller may make grand jury findings public, but there is still debate over whether the president can be indicted and the timing of any criminal sanctions.

Updates | The Week of August 7, 2017

8/13/17  //  Daily Update

This week, news broke that the FBI had raided Paul Manafort's home in connection with Special Counsel Mueller's probe.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

Facing mounting evidence of collusion between the Trump Campaign and Russia, including testimony by FBI Director James Comey before the House Intelligence Committee, President Trump's allies sought to deflect attention by denouncing leaks and the intelligence community.

The Story Thus Far: National Security

3/16/17  //  Daily Update

From Guantanamo Bay to wiretapping to foreign intrigue, these have been a busy two months for the Trump Administration. Here are some useful analyses of the story thus far.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

This week, the Pentagon's top watchdog initiated an investigation into whether Michael Flynn failed to obtain proper approval to receive money from Russian and Turkish groups. The House Intelligence Committee will continue its Russia investigation with new leadership and an updated witness list.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

This week saw developments in Congressional investigations into Russian interference, with Congressional testimony from the founder of the research firm behind the controversial dossier on President Trump. Meanwhile, Special Counsel Mueller continued to examine the meeting between Donald Trump, Jr. and individuals associated with the Russian government.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Former Trump National Security Advisor Michael Flynn has offered to provide testimony to the congressional investigations into Russia, in exchange for immunity. The House Intelligence Committee's investigation into potential collusion between the Trump Campaign and Russia is mired in controversy.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

Special Counsel Robert Mueller is assembling a stable of elite lawyers in the Russia investigation.