Department of Justice (DOJ)
355 Articles
10 Ways the U.S. Can Curb Interpol Abuses
Interpol serves a good purpose, and it has good rules. But not all members are as good as its rules. The U.S. can take steps, on its own or with others, to limit abuses and shield…
The Huawei Arrest: How It Likely Happened and What Comes Next
The arrest and possible extradition of an executive of Chinese tech giant Huawei raises important questions about foreign policy cases and Justice Department autonomy.
Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General
Two former Office of Legal Counsel officials analyze OLC's opinion on Matthew Whitaker's legal status as Acting Attorney General.
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,…
Justice Dept Must Open Criminal Investigation Into Potential War Crimes by U.S. Mercenaries in Yemen
the Justice Dept has clear authority to investigate a band of American mercenaries for alleged killings carried out in Yemen, acts which may amount to murder or war crimes.
What Might Force Mueller’s Hand Before the Midterms? Exceptions to the DOJ 60-Day “Rule”
How much does this standard tie Mueller’s hands, and is there anything that might argue in favor of a pre-election surprise? Could, for example, efforts by Trump affiliates to…
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?…