Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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'The Saddest Thing': President Trump Acknowledges Constraint
I’m beginning to think President Trump is playing a game of making Rod Rosenstein look bad. Every time the deputy attorney general opens his mouth, the President flamboyantly pulls the rug out from under... -
Smith v. Trump In the D.C. Circuit: A Guided Tour of the Oral Argument
Together with David Remes, I presented Capt. Nathan Smith's challenge to the war against the Islamic State before the D.C. Circuit Court of Appeals on Oct. 27. Judge Thomas Griffith presided, with Judges... -
Document: Oct. 2 D.C. District Court Opinion Compelling Former Manafort Legal Counsel to Testify
A memorandum opinion from Judge Beryl Howell related to the grand jury testimony of a former lawyer for Paul Manafort. -
A Daisy Chain of Associated Forces? On the Potential Use of Force in Niger Against al-Mourabitoun
[Update: Several people reached out after I posted last night, drawing attention to the fact that al-Mourabitoun (also spelled al Murabitun) apparently reunited with AQIM after its initial separation fro... -
The Senate Was Touched by Greatness Today: In Praise of Jeff Flake
We are no longer used to great Senate speeches. The Greatest Deliberative Body on Earth has long since given up anything a thinking person would confuse with deliberation. The Senate speech, once form of... -
Smith v. Trump: AUMF Challenge Pretrial Motion Summaries
As federal court and national security experts are noting, on Oct. 27, the D.C. Circuit will hear oral argument in Smith v. Trump (formerly Smith v. Obama). The case challenges the propriety of invoking ... -
The Lawfare Podcast: Timothy Edgar on ‘Beyond Snowden’
In his recent book Beyond Snowden: Privacy, Mass Surveillance, and the Struggle to Reform the NSA, civil liberties activist and former intelligence official Timothy Edgar calls for a renewed conversation... -
Watch Live: Attorney General Jeff Sessions Testifies Before the Senate Judiciary Committee
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A Response to Lawfare's Comments on Our Obstruction Report
On Tuesday, Emma Kohse and Benjamin Wittes published their incisive comments on our Brookings Report, entitled “Presidential Obstruction of Justice: The Case of Donald J. Trump.” Kohse and Wittes note m... -
A President’s Words Matter, Part II: Impeachment Standards and the Case of the Demagogue
I argued here recently that the president might find himself accountable in an impeachment inquiry for actively deceiving the public by denying Russian interference in the 2016 election. There is clear p... -
Obstruction of Justice and President Trump: Comments on a New Report
This morning, the Governance Studies program at Brookings—where one of us works—released a lengthy report, entitled “Presidential Obstruction of Justice: The Case of Donald J. Trump.” Written by Barry Be... -
Court Documents in Dalmazzi v. United States
The Supreme Court granted certiorari Thursday in three cases addressing whether 10 U.S.C.
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