Recent Articles

Trump and Bolton

Why the White House May Not Dare Fight on Executive Privilege

"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Trump

Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt

Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."
The judges of the Court of Justice during the session held at International Court Of Justice on January 23, 2020 in The Hague, Netherlands.

ICJ Orders Preliminary Relief in Myanmar Genocide Case

Only time will tell whether the provisional measures now issued are sufficient to prevent future genocide in Myanmar.
Members of Iraq's Hashed al-Shaabi military network set a door ablaze as they try to break into the US embassy building in the capital Baghdad, on December 31, 2019.

After Soleimani Strike, Iran-Backed Militias Threaten Iraq’s Stability: An Explainer

There is a real risk that Iran-backed militias are driving Iraq back towards conflict. And their power is greatly enhanced by their legal status as organs of the Iraqi state.
Senate Majority Leader Mitch McConnell (R-KY) leaves the Senate floor at the conclusion of the third day of the Senate impeachment trial of President Donald Trump on January 23, 2020 in Washington, DC.

There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay

Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.

The Early Edition: January 28, 2020

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
Story Dershowitz

Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz

Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.
Trump (C) leaves with Chief of Staff John Kelly (L) and National Security Advisor John Bolton (R) after holding a press conference ahead of his early departure from the G7 Summit on June 9, 2018 in La Malbaie, Canada.

Executive Privilege Cannot Block Bolton’s Testimony

All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
Salmon Chase and John Roberts

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses

There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
White House counsel Pat Cipollone speaks during impeachment proceedings against U.S. President Donald Trump in the Senate at the U.S. Capitol on January 25, 2020 in Washington, DC.

Impeachment Trial and Legal Ethics: Cipollone Should Be a Witness, Not a Trump Lawyer

Top legal ethics expert, Stephen Gillers, raises an issue hiding in plain site.

The Early Edition: January 27, 2020

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
Collage of images from posts of the past week.

Recap of Recent Articles on Just Security (Jan 20-24)

Our analysis on impeachment, plus Iran, Afghanistan, Israel-Palestine before the International Criminal Court, FISA reform, and more.
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