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

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

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

Civil Rights Corps

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

Civil Rights Corps

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

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

How Donald Trump Will Fire Jeff Sessions

7/26/17  //  Commentary

Donald Trump’s Firing Of Jim Comey Provides A Template For How He Will Fire Jeff Sessions

Leah Litman

U.C. Irvine School of Law

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

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

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

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

U.C. Irvine School of 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

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

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

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