Information Wars: The Final Frontier

7/25/17  //  Commentary

Elements of the Republican Party have proposed eliminating the Budget Analysis Division of the Congressional Budget Office.

Leah Litman

Michigan 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

Another Day, Another Smear By Trump

7/25/17  //  Commentary

Democracy depends on good faith engagement and distinguishing “honest dissent” from “disloyal subversion.”

David Sklansky

Stanford 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

Michigan Law School

Undemocratic Pardoning

7/24/17  //  In-Depth Analysis

By Bernadette Meyler: History teaches that Trump should not be considering whether he possesses the power to pardon himself but rather what the consequences of employing that power would be.

Take Care

The Highest Court in Massachusetts Declares the Commonwealth a Sanctuary State

7/24/17  //  Commentary

A landmark opinion turns Massachusetts into a sanctuary state, setting up a legal and political battle with DOJ.

Nikolas Bowie

Harvard Law School

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

Arbitration Can Obscure Safety Problems in Nursing Homes

7/24/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

Re-Privatizing The Military Would Be a Big Mistake

7/24/17  //  Commentary

The decision to engage militarily should remain the hardest decision a president has to make.

Jon D. Michaels

UCLA School of Law

Can the President Pardon Himself? Well, He Can Try.

7/21/17  //  Commentary

By Brian Kalt: Presidential pardons are an important part of our constitutional system of powers, checks, and balances. A self-pardon would test several others parts of that system. As interesting as that might be, here’s hoping that it never happens.

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

Note to President Trump: You Already Own It

7/20/17  //  In-Depth Analysis

President Trump owns any of the "Obamacare failure" he says will happen.

Michael C. Dorf

Cornell Law School

Versus Trump: Versus Kobach

7/20/17  //  Commentary

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

A New Front in the Emolument Wars

7/20/17  //  Commentary

If the people of this nation want a president who acts unclouded by private financial benefits, they must step up and insist that their officials not pay illegal emoluments to Trump in the first place