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Can Congress Fine Federal Officials Under Its Contempt Power?
The current tug of war between the executive branch and Congress has revived interest in the exact scope of congressional investigative power. On May 6, the House Judiciary Committee voted to recommend t... -
Livestream: Experts Testify Before House Judiciary Committee Regarding Presidential Obstruction
The House Committee on the Judiciary will host a hearing entitled "Lessons from the Mueller Report: Presidential Obstruction and Other Crimes" at 2:00 p.m. on Tuesday. A video of the hearing is available... -
Draft Resolution Streamlining Subpoena Enforcement
On June 11, the House of Representatives will consider a resolution to enable committee chairs to seek judicial enforcement of subpoenas with only the approval of a panel of House leadership, rather than... -
Border Wall Litigation Tracker
Several parties have sued the federal government in connection with the Trump administration's decision to repurpose funds to build a wall along the southern border pursuant to a national emergency decla... -
Judge Rules House Doesn't Have Standing in Border Lawsuit
On Monday, Judge Trevor McFadden of the U.S. District Court for the District of Columbia ruled that the House of Representatives lacked standing to sue executive branch departments to prevent them from s... -
Alan Dershowitz Is Wrong About Impeachments
President Trump has suggested periodically that the Supreme Court would intervene to block a hypothetical impeachment and trial since (he argues) he has not committed a high crime or misdemeanor. Of cour... -
The Good, the Bad and the Ugly in the Attorney General’s CBS Interview
Jan Crawford’s extraordinary CBS interview with Attorney General William Barr was released on Friday, May 31. In it Barr said some good things about why his investigation of the Trump campaign investigat... -
A Different View on the President’s Delegation of Declassification Authority to the Attorney General
President Trump’s delegation of a narrowly defined declassification authority to Attorney General Bill Barr has attracted criticism, notably on this site by my colleagues David Kris and Benjamin Wittes. ... -
Mueller Bows Out: What Does Congress Do Now?
How to think about a post-Mueller oversight strategy for Congress -
Reflections on the President’s Delegation of Declassification Authority to the Attorney General
In the wake of Watergate, a remarkable series of legislative and administrative reforms sought to prevent future abuses by making the attorney general responsible for keeping intelligence agencies within... -
Testimonial Immunity, Executive Privilege and the President’s Authority Over Former Officials
It is unclear what authority the president has to direct former White House counsel Don McGahn, now a private citizen, to go along with the executive branch’s legal position in refusing to comply with a ... -
Rep. Collins Releases Transcripts of Interviews with FBI and Justice Department Officials
Rep. Doug Collins of Georgia, the top Republican on the House Judiciary Committee, released transcripts of interviews with former and current Justice Department officials, including former attorney gener...
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