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An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump

Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…

How Mueller Can Make the Grand Jury Report Public or Hand it to Congress

With news that Special Counsel Robert Mueller has begun using grand juries to conduct his investigation, there are now questions about where it might all lead. Of course, it might…

Don’t Expect Indictments Soon in Russia Probe: When Counterintelligence and Prosecutorial Interests Meet

The recent news of a July FBI raid on the home of former Trump campaign manager Paul Manafort has raised expectations in some circles that special counsel Robert Mueller’s investigation…

FBI Search of Paul Manafort’s Home: What Does It Really Mean?

On Wednesday news broke that at the end of last month, FBI agents searched one of Paul Manafort’s homes for documents as part of the Russia collusion investigation, directed…

Lots at Stake Whether Trump is Immune from Prosecution–even if Mueller doesn’t indict

There are more reasons than you might think why it’s important to resolve the “constitutional puzzle” concerning whether a sitting president can be criminally prosecuted.…

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

On Thursday, two bipartisan groups of senators introduced legislation to afford Special Counsel Robert S. Mueller III greater protection against removal.  Senators Thom Tillis…
A close-up of Trump’s hands as he signs an executive order.

The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached

[This article was first published on Aug. 3, 2017 at 9:55am ET and updated on Aug. 4, 2017 at 7:10am ET] Just yesterday, an unhappy President Donald Trump signed H.R. 3364, America’s…

Fox’s Seth Rich Story, Don Jr’s Statement, and Legal Implications for the President

In the last 48 hours, the press has reported twice on the President’s, or the White House’s, involvement in putting out false or misleading information about Russia-Trump…

As Hackers Target U.S. Voting Machines, We Need Leaders Who’ll Put Country Over Party

“If there has ever been a clarion call for vigilance and action against a threat to the very foundation of our democratic political system, this episode is it,” former…

The President’s Pardons Paradox: Granting Them Could Aid the Prosecution

It emerged late last week that President Trump has reportedly queried his lawyers regarding the nature and scope of his authority to pardon individuals including himself.  Over…

If “Love” Knows No Bounds: On Criminal “Intent” and the Scope of Campaign Finance Law

If the Trump campaign solicited support from Russians in the race against Hillary Clinton, did it, or any of its staff, have the mental state required for prosecution under federal…

Q&A on the Senate Judiciary Committee’s Decision to Subpoena Manafort

On Monday night, the leaders of the Senate Judiciary Committee issued a subpoena to compel Paul Manafort, the former chairman of the Trump presidential campaign, to testify at a…
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