Executive Branch
Latest in Executive Branch
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D.C. Appeals Court Rules Trump Can Be Sued for Inciting Jan. 6 Attack
In Blassingame, the court found that Trump is not protected under absolute immunity from civil claims for damages incurred during the Jan. 6 riot. -
The Lawfare Podcast: Assistant Secretary Matt Axelrod on Enforcing Export Controls
How is the Biden administration enforcing export controls? -
China Gains as U.S. Abandons Digital Policy Negotiations
The United States Trade Representative just handed a victory to China on digital sovereignty. -
U.S. Government Releases Fifth National Climate Assessment
The assessment includes an analysis of current climate policies, effects of global warming, and what still needs to be done to mitigate the effects of climate change. -
The Underappreciated Legacy of the War Powers Resolution
Half a century into its existence, the WPR has had a more substantial effect than many acknowledge—but not necessarily in the way its authors anticipated. -
Seven Observations on WPR Letters Issued Since 2001
Identifying seven takeaways from the War Powers Resolution letters on its 50th birthday. -
Remembering the Cuban Missile Crisis: Executive Unilateralism or Congressional Drive Toward the Brink?
Despite the widespread citation of the Cuban missile crisis as the archetype of a president utilizing Article II authority to meet a danger unilaterally, Kennedy’s actions in the 1962 crisis were formall... -
Taking Trump’s Presidential Immunity Briefing Seriously
One way or another, the former president’s motion to dismiss will make important new law on a major question of presidential power. -
The Middle East and the President’s Sweeping Power Over Self-Defense
Just about any conceivable use of force in the Middle East can be justified under an Article II self-defense theory. Which means that a lot rests on the president’s, and his subordinates’, prudence. -
Trump, Presidential Immunity, and the King’s Two Bodies
Trump’s motion to dismiss the Jan. 6 indictment is the latest expression of a long-running struggle over the nature of the presidency. -
The Environmental Law of the Border Wall
Evaluating President Biden’s decision to waive environmental laws to expedite border wall construction in Texas. -
Lawfare No Bull: AG Merrick Garland Testifies in Front of House Judiciary Committee
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