Updates | The Week of June 12, 2017
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.
Why Trump Can’t (Lawfully) Fire Mueller
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.
The Audacity of The President’s "Hope"
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.
Yes, Hope is a Sufficient Basis for Obstruction of Justice
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.
Updates | The Week of May 29, 2017
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.
Updates | The Week of May 8, 2017
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 May 1, 2017
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.
Updates | The Week of April 17, 2017
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.
It Was Legal for the President to Fire Comey. That’s the Problem.
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.
President Trump Shouldn't Be Impeached If He Hasn't Committed a Crime
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.
The Comey Firing in (Comparative) Context
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?
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.
Nunes Recuses. Sort Of. Now What?
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?
Trump’s Advisors Need to Step Up, Or Step Out
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.
Why Trump’s Firing of Comey is Terrifying
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.
Comey Counterarguments: The Trees, the Forest, and the Firing.
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.
Why Impeachment Must Remain A Priority
The appointment of Special Counsel Robert Mueller must not lead progressives to put the thought of impeaching President Trump on a back-burner.
Ten Questions for a New FBI Director
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.
Why Firing Comey Guts DOJ's Main Defense of the Muslim Ban
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: "What About Congress? + Steven Wu"
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!
Why Hasn’t Rod Rosenstein Recused Himself From the Russiagate Probe?
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.
How Might Congress Reinforce NATO?
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.
Remarks at the Boston March for Truth
"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."
What If There’s a Fake Tape?
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.
First Tragedy, Now Farce
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!"
Updates | The Week of April 3, 2017
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 April 10, 2017
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 March 20, 2017
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
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
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 March 27, 2017
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.