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Why It Does Not Matter Who Rachel Brand Is
Last week, amid speculation that Acting Attorney General Rod Rosenstein may be forced to recuse himself from the expanding Russia investigation – unless he gets fired first –…

On Justice Kennedy’s Flawed and Depressing Narrowing of Constitutional Damages Remedies
On a day on which the Supreme Court (1) agreed to take up the most important partisan gerrymandering case in over a decade; (2) decided a pair of major First Amendment cases (one…

The Making of a Russian Spy: A Roadmap for the FBI to Resolve Russia Gate
James Comey’s testimony has established that either President Donald Trump or the former FBI Director is lying, given the clear discrepancies in their versions of the conversations…
National Security-Related Congressional Hearings, June 19-23
Tuesday, June 20 9:30am – Senate Committee on Armed Services – Nomination (Deputy Secretary of Defense) (here) 9:30am – House Committee on Homeland Security…

Some Thoughts on the Government’s Latest Filing in the Entry Ban Cases
Last Wednesday, I published a post questioning whether there is any ground for the Supreme Court either to grant the government’s petitions for certiorari in the two “entry…
Recap of Recent Pieces on Just Security (June 12-16)
I. Syria and Iran Tess Bridgeman, About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing? (Wednesday, June 14) Kate…

The Loretta Lynch “Matter” Matter Matters, But it Shouldn’t
President Donald Trump took to Twitter Tuesday morning to condemn former Attorney General Loretta Lynch for requesting special treatment for Hillary Clinton during the 2016 presidential…
National Security-Related Congressional Hearings, June 12-16
Monday, June 12 7:00pm – House Committee on Armed Services – The Fiscal Year 2018 National Defense Authorization Budget Request from the Department of Defense (here)…
Recap of Recent Pieces on Just Security (June 2-9)
I. Featured Essay (on President Trump, the Intelligence Community, and Democratic Institutions) Jeffrey H. Smith, Of Laws, Not Men (Friday, June 9) II. Trump Campaign and Russia…

Of Laws, Not Men
Those old enough to remember Watergate will recall that “we are a government of laws, not men” became a mantra. It was repeated so often as to risk banality. But we are a nation…

The Silly “Comey-the-Criminal” Meme–a.k.a. Why Claims that Comey’s a “Leaker” Ring Hollow
The strangest claim to emerge from yesterday’s Senate intelligence committee hearing is the one first suggested by President Trump’s personal lawyer, Marc Kasowitz,…

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”…