Recent Articles

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…

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.

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.

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.

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…

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.

Hearsay and the Impeachment Trial
How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?

Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause
Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."

The Early Edition: January 24, 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…

What Sort of “Abuse of Power” Would Amount to an Impeachable Offense?
Philip Bobbitt writes that the Ukraine allegations amount to an impeachable abuse of power, but not the way some have framed it.