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The Mueller Report’s Weak Statutory Interpretation Analysis
Someone on Twitter recently asked: “What is your most [fire emoji] take that absolutely infuriates people and you know deep down in your heart is 100% true”? -
Defending Mueller’s Constitutional Analysis on Obstruction and Faithful Execution
The extent to which federal obstruction of justice statutes apply to the president, especially when concerning actions facially within the office’s powers under Article II, has been hotly contested at le... -
The Week That Was: All of Lawfare in One Post
The Brookings Institution hosted a special event on Friday for a live taping of the Lawfare Podcast: a conversation between former FBI General Counsel Jim Baker and Benjamin Wittes about the Russia inves... -
Today’s Headlines and Commentary
President Trump’s personal lawyer Rudy Giuliani is planning to travel to Ukraine to encourage the country’s president-elect to pursue investigations into the Mueller investigation and a transaction invol... -
The Lawfare Podcast Bonus Edition: Jim Baker on the Russia Investigation
On May 10, the Brookings Institution hosted a public conversation between former FBI General Counsel Jim Baker, who is now the Director for National Security and Cybersecurity at the R Street Institute, ... -
Why I Do Not Hate Donald Trump
Many people would probably believe me justified in hating Donald Trump. -
Persistent Engagement: Foundation, Evolution and Evaluation of a Strategy
In 2018, U.S. Cyber Command was elevated to a unified combatant command, one of only four of these functional commands in the U.S. military. To harken the institution’s independence, Cyber Command releas... -
The Executive Branch Escalates Its Clash With Congress
The last few days have seen a whiplash-worthy series of actions between Congress and the executive branch, with battles over subpoenas, threats of contempt and even cries of constitutional crisis. These ... -
CYBERCOM’s Out-of-Network Operations: What Has and Has Not Changed Over the Past Year?
I’d like to draw attention to Mark Pomerleau’s interesting piece at Fifth Domain examining the operational impact at Cyber Command (CYBERCOM) of several recent developments, including National Security P... -
Document: Petition for En Banc Rehearing in McKeever v. Barr
Stuart McKeever has petitioned the U.S. Court of Appeals for the D.C. Circuit for a rehearing en banc in McKeever v. Barr, concerning the judiciary's inherent authority to release grand jury material. A ... -
Today's Headlines and Commentary
Following President Donald Trump’s assertion of executive privilege over the unredacted Mueller report and its underlying evidence, the House Judiciary Committee voted 24 to 16 to recommend that the full... -
Asylum Update: Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules
On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return o...
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