Department of Justice (DOJ)

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The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case

Analysis of the Court of Appeals' decision of June 24, 2020 in the case of Michael Flynn.
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.

Specific Questions for Congress (and News Media) to Ask Attorney General Barr

Former Department of Justice, FBI, and Pentagon officials have specific questions to ask Bill Barr. Plus an invitation for readers to send in their questions to add to the list.
Trump walks with US Attorney General William Barr (L), US Secretary of Defense Mark T. Esper (C), Chairman of the Joint Chiefs of Staff Mark A. Milley (R), and others from the White House to St. John's Church where tear gas was used to clear the crowd on June 1, 2020 in Washington DC. Only one person in the background has a face mask. No one is social distanced.

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC.

An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone

More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC.

Why the Flynn Dismissal Deserves a Hard Look by the Court

The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
flags of Department of Justice and USA

DC Needs a New U.S. Attorney

Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.
William Barr on Fox News April 9 2020. The caption on the screen reads, “Atty Gen Barr on Status of Durham Investigation.”

Barr Ignores Settled Justice Department Policies in Run-Up to 2020 Elections

Apparently seeking to support false claims about the Russia investigation and the president's reelection bid, the attorney general flouts long-settled DOJ policy.
Man in black shirt with black glove pushing on scale of justice in dark room.

Law Day and the Need for Virtue in Government Lawyering

"This Law Day demands that we also pay attention to a very different set of actions by lawyers within the Trump period."
Barr and Trump

Keeping an Eye on the Hand of Justice: Bill Barr and Targeting Joe Biden

Former Acting Attorney General Stuart Gerson (served with Bill Barr in the George HW Bush administration) and Kristy Parker (15-year DOJ career) warn of the weaponization of the…
David Addington, Chief of Staff and former counsel to Vice President Dick Cheney, former Department of Justice official John Yoo and Chris Schroeder, former acting assistant Attorney General in charge of the Justice Department Office of Legal Counsel testify before the House Judiciary committee during a hearing on the administration's interrogation policy on June 26, 2008 in Washington, DC.

ICC Afghanistan Torture Investigation Likely to Turn on Criminal Intent

Good-faith reliance on advice of counsel is a well-established defense in U.S. criminal law, but it has not yet been tested at the ICC.
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