Latest in Executive Branch
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Eisenhower and War Powers
Eisenhower never initiated a major armed conflict. Still, his administration offers critical insight for modern war powers questions. -
Who’s on First at the Department of Homeland Security?
What’s going on with the top positions in the Department of Homeland Security? -
Even More Questions About the Durham Investigation
Among other things, the Senate Intelligence Committee’s report on Russian election interference and New York Times reporter Michael Schmidt’s book on the Russia investigation shed light on U.S. Attorney ... -
Court-Appointed Amicus Files Reply Brief in Flynn Case
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Congress Has Broad Power to Structure the Military—and It Should Use It
The Constitution gives Congress a broad, and underappreciated, power to structure the armed forces, assign duties to offices and regulate military chains of command. -
The Importance of Giving Reasons (Even in Secret)
The director of national intelligence has decided to curtail in-person briefings to Congress about election security. Congress should push back. -
En Banc D.C. Circuit Denies Flynn's Petition to Dismiss Criminal Case
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Will TikTok Win Its Lawsuit Against Trump?
Is TikTok’s suit against the government likely to succeed? Not in conventional terms—but maybe that’s not the right way to look at it. -
Lawfare’s Publishing a Book: Bob Bauer and Jack Goldsmith’s “After Trump”
Available for preorder now. -
So Who Actually IS In Charge of DHS?
Who is running the Department of Homeland Security (DHS) today? Nobody really seems to know. -
The Senate Should Ask Chad Wolf About His Illegal Appointment
Acting Secretary of Homeland Security Chad Wolf is serving in his position unlawfully. On Aug. 6, the Senate will have an opportunity to ask him about it. -
The House Moves to Regulate Pardon Power Abuse
Two new bills that aim to regulate abuse of the pardon power make plain that that power is not “absolute.”


