Attorney General
141 Articles
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,…
States Are Challenging New Policy That Denies Asylum to Survivors of Domestic Violence
Eighteen states and the District of Columbia filed an amicus brief on September 28, in support of a legal challenge to the Trump administration’s new policy that denies asylum…
Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive
Who would replace Rosenstein as deputy attorney general in the event Trump fires him or he resigns under pressure? And who would supervise the Russia and related investigations?…
Explainer: Rosenstein’s Potential Departure and What Comes Next for Russia and Hush Money Investigation
Who will supervise the Russia and Hush Money investigations after Rod Rosenstein?
Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required
President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…
The Complicated Truths of the DOJ IG Report
The DOJ IG report forces readers to hold multiple competing thoughts in your head at the same time.
Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller
Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…
Reclaiming the Public Safety Mantle for Sanctuary Cities
James Schwab, a spokesman for U.S. Immigration and Customs Enforcement, resigned earlier this month saying that he could no longer “bear the burden” of spreading false information…