Congressional Oversight

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Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
Side-by-side photos of Trump and Donaldson

Annie Donaldson is Not the President’s “Alter Ego”

It could almost be a bar exam question. Under the Executive Branch theory that the president’s senior aides are “absolutely immune” from appearing before Congress, which…
House Armed Services Committee ranking member Rep. Adam Smith (D-WA) questions witnesses during a hearing in the Rayburn House Office Building on Capitol Hill April 12, 2018 in Washington, DC.

What’s In the New Draft National Defense Authorization Act

"The baseline draft bill, which is also called the chairman’s mark, touches on key issues ranging from the militarization of the southern border to deterring Russia and reemphasizing…

Unfinished Business: What Mueller Didn’t Cover, But Congress Can

An itemization of what the Mueller Report left untouched or undone, and where Congress can pick up the thread.
U.S. Rep. Jerrold Nadler (D-NY) speaks as House Minority Leader Rep. Nancy Pelosi (D-CA) and other House Democrats listen during a news conference in front of the U.S. Capitol June 20, 2108 in Washington, DC.

The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege

The next phase of Congress’ trying to enforce its supboenas in court is getting underway. Why the litigation over executive privilege is about to get ... . complicated, and how…
Trump holds up a chart of military hardware sales as he meets with Crown Prince Mohammed bin Salman of the Kingdom of Saudi Arabia in the Oval Office at the White House on March 20, 2018 in Washington, D.C.

An “Emergency” Arms Deal: Will Congress Acquiesce in Another Blow to Its Authority?

If Congress can’t stand up to protect its own prerogatives on arms sales, then its chances of being heard on anything else will be permanently diminished.
The dome of the U.S. Capitol Buidling and the US flag.

How Impeachment Proceedings Would Strengthen Congress’s Investigatory Powers

Congressional oversight expert explains several ways in which Congress would have more legal powers to investigate President Trump for potential wrongdoing if it launches an impeachment…
US Attorney General William Barr testifies during a US House Commerce, Justice, Science, and Related Agencies Subcommittee hearing on the Department of Justice Budget Request for Fiscal Year 2020, on Capitol Hill in Washington, DC, April 9, 2019. He leans his head sideways into his hand.

When Is a “Literally True” Statement False and a Crime

"Reluctant witnesses, perhaps taking a cue from Attorney General William Barr’s April 9 testimony before a House committee, may think that so long as their testimony is literally…
A name plate for former White House Counsel Don McGahn sits on the witness table prior to a House Judiciary Committee hearing in which McGahn was subpoenaed to testify May 21, 2019 on Capitol Hill in Washington, DC.

The Three-Level Game in the White House Effort to Block McGahn’s Testimony

"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
A copy of the Mueller Report opened to page 166 and 167. Significant portions of the text are redacted.

Enforcing Congressional Subpoenas: A Modest Proposal

A change in the law that would enhance Congress’s ability to extract information from the executive branch is a heavy lift, particularly in the current climate. With that in…
House Judiciary Chairman Rep. Jerrold Nadler (D-NY) holds up copies of the Starr Report during a House Judiciary Committee markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report, on Capitol Hill April 3, 2019 in Washington, DC.

The Barr-Nadler Subpoena Standoff: Still Room for Accommodation?

In its standoff with the House Judiciary Committee over the Mueller report, the Justice Department’s assertions when it comes to protecting its law enforcement equities, are…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) presides over a mark-up hearing where members may vote to hold Attorney General William Barr in contempt of Congress for not providing an unredacted copy of special prosecutor Robert Mueller's report in the Rayburn House Office Building on Capitol Hill May 08, 2019 in Washington, DC.

Q&A on House-Justice Dept Showdown Over Release of Unredacted Mueller Report and Contempt of Congress

We asked top expert Andy Wright, who has served in both the White House Counsel's Office and on the House Committee on Oversight and Government Reform.
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