Democracy & Rule of Law
Elections
892 Articles
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.…
What Mueller’s Questions to Trump Reveal About the Future of the Russia Investigation
Goodman and Whiting pull out the most important insights from Mueller's questions including what it indicates about Mueller's existing evidence on collusion, the legal jeopardy…
New Evidence of Obstruction of Justice in House Intelligence Committee Minority Report
Witnesses to James Comey's phone calls with the President, "veiled threats" by Mr. Trump against the FBI Director and Deputy Director, and more.
Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller
Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…
Why Being Named a “Subject” in Mueller’s Probe is Reason for Trump to Worry–Not Celebrate
Former federal prosecutor and head of Public Corruption Task Force in Connecticut breaks down the recent news that Mueller reportedly told President Trump that he's currently a…
House Intel Committee Findings Contradict Kushner’s Testimony
An overlooked nugget in the the House Intelligence Committee's final findings. The Committee says Jared Kushner expected to get derogatory information on Clinton from Russian sources…
Zero Shades of Grey: Russian-Ops Violate International Law
A lot more is known since January 2017 when I wrote a piece for Just Security arguing that the Russian interference in the 2016 U.S. election should be interpreted as a violation…
Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute
According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…