Congressional Oversight

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Attorney General nominee William Barr (C) is sworn in prior to testifying at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989

When Bill Barr was head of Office of Legal Counsel, he gave Congress the legal conclusions and reasoning of an important Justice Department memo but left out major portions of…
Rep. Elijah Cummings (D-MD) chairs the House Oversight Committee as Michael Cohen, former attorney and fixer for President Donald Trump testifies on Capitol Hill February 27, 2019 in Washington, DC.

The House Oversight Committee Squeeze on White House Security Practices

Over the last several weeks, the House Oversight and Reform Committee has been busy documenting allegations from a whistleblower who stepped forward to raise concerns about security…
U.S. Attorney General nominee William Barr testifies at his confirmation hearing as his image is shown on a television monitor behind him January 15, 2019 in Washington, DC.

How Barr May Interpret What It Means to Withhold “Grand Jury Information”

While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…

Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice

The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr. Now, the…
Phone app icons for Snapchat and WhatsApp

Trump and the Demise of the Presidential Records Honor System

News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
An MQ-1 Predator unmanned aerial vehicle and F-16 Fighting Falcon return from an Operation Iraqi Freedom combat mission.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.
Committee Chairman Sen. Richard Burr (R-NC), Committee Vice Chairman Sen. Mark Warner (D-VA), and Sen. Dianne Feinstein (D-CA) listen during a hearing before Senate (Select) Intelligence Committee March 7, 2018 on Capitol Hill in Washington, DC.

President Trump’s Cronyism and Excesses Should Prompt Security Clearance Reform

The Trump years threaten to become a boiling point for numerous simmering constitutional conflicts, but one of the most innocuous-looking might end up being one of the most important.…

Trump’s Revocation of Reporting on Lethal Strikes: All Eyes on Congress, Now

On Wednesday, President Donald Trump issued an Executive Order revoking a section of President Barack Obama’s Executive Order on civilian casualties that required annual reporting…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) (C) and ranking member Rep. Doug Collins (R-GA) talk before a hearing on gun violence legislation in the Rayburn House Office Building on Capitol Hill February 06, 2019 in Washington, DC.

The Ripening: The House Judiciary Committee Investigation Will Bear Fruit

The House Judiciary Committee sent out document requests to 81 parties associated with President Donald Trump in its wide-ranging investigation into “allegations of corruption,…
Senior Advisor Jared Kushner and Secretary of Homeland Security John Kelly listen while US President Donald Trump puts his papers away at the beginning of a meeting on cyber security in the Roosevelt Room of the White House January 31, 2017 in Washington, DC.

The White House Counsel’s Flawed Response to Congress on Security Clearances

Intensifying congressional oversight activity prompted President Donald Trump to accuse Democrats of “presidential harassment.” He complained — falsely — that President…
U.S. President Donald Trump holds up his fist after he spoke on border security at a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in February 2019

Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
A protest sign reading "Khashoggi way" is seen across the street from the White House in Washington, DC, on December 23, 2018.

The Missing Khashoggi Report: A President Can’t Choose to “Decline” His Constitutional Role to Accommodate Congressional Oversight

Trump's decision to ignore Congress' deadline on responsibility for Jamal Khashoggi's murder misunderstands congressional oversight. In the complex dance that is the accommodations…
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