Democracy & Rule of Law
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The Biggest Bombshell Line from Comey on Obstruction of Justice
Beginning on May 10, we have written about whether President Donald Trump engaged in an obstruction of justice in pressuring and firing James Comey. I published a deep dive on…
Ask a Law Professor: Was it Obstruction?
With former FBI director James Comey’s hearing today, we heard it straight from the horse’s mouth that Comey interpreted President Trump’s “hope”…
Just Security Roundup of #ComeyHearing
Here is a roundup of Just Security’s live tweeting from Thursday’s Senate Intelligence Committee hearing with former FBI Director James Comey. We’ve also included…
Why I Want Comey to Say More about Att’y Gen. Jeff Sessions
When it comes to the question of obstruction of justice in the Flynn and Russia investigations, many focus on President Donald Trump’s actions, and skeptics then wonder what…
Loyalty and Quid Pro Quo: The Defining Themes of Comey’s Conversations with Trump
Two intertwined themes run through former FBI-Director James Comey’s hot-off-the-presses written testimony: loyalty and quid pro quo. Neither is appropriate for the relationship…
Five Major Highlights in Comey Testimony
The full text of James Comey’s prepared testimony for Thursday’s hearing of the Senate Intelligence Committee is now publicly available. Here are five major highlights…
To Whom Should Comey Have Reported His Interactions with Trump?
When former FBI Director James Comey testifies on June 8, he can expect to get this question (especially from some Republican senators): If you thought President Donald Trump was…
How to Frame—and Not Misframe—Comey’s Testimony
We thought to offer a few thoughts in anticipation of James Comey’s testifying before the Senate Intelligence Committee on Thursday. 1. First it is important to remember that…
Campaign Finance Law: When “Collusion” Becomes a Crime: Part II
As a potential crime under the campaign finance laws, the Trump campaign collusion with the Russians is well documented. As I contended in a recent essay, there is substantial…
Could Trump Have Obstructed Justice if a Grand Jury Hadn’t Convened Yet?
Helen Klein Murillo and Ben Wittes over at Lawfare have done a terrific deep dive into whether an FBI investigation constitutes a “pending proceeding” under the federal obstruction…
Could the White House Invoke Executive Privilege to Block Comey Testimony?
The White House confirmed Friday that it is reviewing whether to invoke executive privilege to prevent former FBI Director James Comey from testifying before the Senate Intelligence…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 26-June 2)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…