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On May 9, immediately after the firing of FBI Director James Comey, Deputy Press Secretary Sarah Huckabee Sanders told CBS that the administration fired Comey, at least in part, because “rank-and-file” F...
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Donald Trump thrives on turbulence and hard-fought battles and, as he has often said, he prizes his readiness to return every blow with one even harder than the one landed on him. This is the strategic c...
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This post is the third part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements.
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This is the second part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed the majority’s assessment of Trump and associates’ pre- and post-inaugurati...
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Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a clo...
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The Establishment Clause took center stage in Monday’s 10-3 Fourth Circuit decision in International Refugee Assistance Project (IRAP) v. Trump upholding a Maryland district court’s preliminary injuncti...
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Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. Trump, the U.S.
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Ever since Acting Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a Special Counsel to investigate allegations of Russian interference in the 2016 election, commentators h...
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The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Re...
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Last night, CNN ran a lengthy interview I did with Anderson Cooper, in which I made a bald statement. When Cooper asked me about President Trump’s claim that then-FBI Director James Comey had assured him...
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The President, through his Office of Management and Budget (OMB), is fighting again with the Office of Government Ethics (OGE). The dispute is over OGE access to granted ethics waivers that have permitt...
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In the weeks and months after the presidential election—and even before it—an unusual debate took shape on the pages of Lawfare and elsewhere: Would it be possible to serve ethically in a Trump administr...