Department of Justice (DOJ)
397 Articles
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…
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.
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.
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…
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…
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.
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.
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."
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…
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.
Barr Is Dismantling Charges Filed by Mueller
Another curious filing by the Department of Justice should not be lost amid news about COVID-19. In yet another reversal in a case initiated by Special Counsel Robert Mueller,…
Revised Justice Department Policy Still Silences Immigration Judges
Some of the sharpest critics of the Trump administration’s immigration policies are the former immigration judges who were once charged with enforcing them. But there’s a reason…