Attorney General
136 Articles
How not to think–and what the Mueller Report won’t tell us–about Trump’s efforts to obstruct the investigation
Back in December, I wrote a post about Bill Barr’s June 2018 memo to DOJ officials. In it, I was sharply critical of Barr’s understanding of the President’s…
Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)
OLC’s governing view of the constitutionality of a grand jury indictment of a sitting president therefore doesn't stand in the way of DOJ providing a comprehensive account to…
Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply
As the Watergate scandal deepened in November 1973, President Richard Nixon declared: “People have got to know whether or not their President is a crook.” Nixon was right.…
Decoding What Barr Really Said About Letting the Public See the Mueller Report
"Barr didn’t answer the key question of whether he’d make Mueller’s final report public—or, if he did, his answer missed the mark."
What to Watch for in Bill Barr’s Confirmation Hearing
Just Security asked experts what to watch for in the Senate Judiciary Committee’s confirmation hearings for William Barr, President Trump’s nominee to replace Jeff Sessions…
Attorney General Nominee Barr on Transparency: A Direct Answer? Or Misdirection?
In his written opening statement for his confirmation hearing as attorney general, William Barr says his goal is "to provide as much transparency as I can consistent with the law."…
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation
Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.” The President promptly tweeted: “We are pleased to announce…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…