Democracy & Rule of Law
Elections
895 Articles
Top Legal Ethics Expert (Stephen Gillers) Writes: Whitaker Should Be Recused
Top ethics expert clears up some fuzzy thinking about how legal ethics and issues of recusal apply to Acting Attorney General Matt Whitaker and the Russia investigation.
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing Mueller—and Only “Norms” Could Stop Him
Matt Whitaker could try to kill off Russia investigations long before American public becomes aware of what he's done. Here's how and here's what's (not) stopping him.
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation
Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.” The President promptly tweeted: “We are pleased to announce…
Don’t Be Fooled: There Was Election Interference in 2018
It’s misguided to suggest this campaign season and ultimately this election were free from election interference.
Countering Russian Election Hacks
Explainer on the legal triggers, limits, and powers of Pentagon's new authority to prepare and conduct cyber response if Russia hacks into midterms votes.
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
Election Security is an Immediate National Security Concern
Democracy isn’t in the casting of the votes -- it’s in the counting. Georgia State Rep. Scott Holcomb says we need to ensure that our system is secure and every ballot is counted…
Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation
Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…
Psy-Ops, Meet Cyber-Ops: U.S. Takes on Russian Trolls
A Russian troll sits down at his desktop and logs into one of the social media accounts he uses to impersonate and radicalize Americans. Suddenly, a direct message appears: “Hello,…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
New Method, Same Strategy: Russia Has Long Exploited U.S. Racial Divisions
While the use of social media is new, Russia has a long history of highlighting the conflict between American ideals of equality and the reality of racial injustice in this country.…
What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia
The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case.