Democracy & Rule of Law
Elections
875 Articles

Cohen’s Slush Fund is Not Business as Usual—But Business as Usual Needs to Change
President Donald Trump’s personal lawyer, Michael Cohen, sold his access to the president to multinational corporations, including one reportedly controlled by a Russian oligarch,…

Trump’s Subpoena Gamble: Fighting It Could Open Door to Indictment
If President Trump litigates the question whether the special counsel can subpoena him, the courts may ending up also saying a sitting president can be indicted.

Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement
President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…

Getting to the Bottom of the Trump Tower Meeting
What the new documents tell us about some of the basic questions surrounding the fateful meeting.

Dispelling the NYT’s “The Daily” Podcast’s Misconceptions about Mueller’s Options
Professor Goodman explodes four common myths about Mueller's options if the special counsel finds the President engaged in criminal activity. Some avenues are closed or risky,…

Contempt of Congress, Contempt by Congress
The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…

The Missing Justice Dep’t Memo on Whether a President Can Be Subpoenaed to Testify in a Criminal Case
A hot button issue in the Russian investigation is whether a sitting president can be subpoenaed to testify in a criminal proceeding. There's a critical Justice Department opinion…

Crime or Slime: Making Sense of Michael Cohen’s Shell Company
How do we know whether Michael Cohen's Essential Consultants was unlawful or just awful?

Just Security Podcast: Alex Whiting on Mueller/Sekulow’s 49 Questions
This week, news organizations, led by the New York Times, revealed a list of 49 questions that, depending on which account you read, are what Special Counsel Mueller wants to ask…

Nixon’s Long Shadow: Donald Trump’s Emerging Constitutional Defense Against Investigation–and Indictment
Former White House Counsel on why this next phase in Mueller investigation-litigation opens up special counsel's ability to indict sitting President.

Can the Presidency Trump a Special Counsel Subpoena?
The possibility that Special Counsel Robert Mueller might issue a subpoena to President Trump to compel him to testify before a federal grand jury has, understandably, provoked…

The DNC Lawsuit and First Amendment Sensitivities
The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…