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383 Articles

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?…

Explainer: Rosenstein’s Potential Departure and What Comes Next for Russia and Hush Money Investigation

Who will supervise the Russia and Hush Money investigations after Rod Rosenstein?

Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required

President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…

Trump Declassifying Page, Ohr Records Will Have Broader Effects

President Donald Trump plans to declassify documents as early as this week about the FBI’s surveillance of campaign advisor Carter Page pursuant to the Foreign Intelligence Surveillance…
A red herring fish.

Rudy’s Red Herring: Mueller’s Final Report and Executive Privilege

"It’s time to focus on where the real threat to Mueller’s report reaching the public may arise. The assertion of executive privilege is not it."
Trump speaks at a podium with sheriffs standing behind him from across the United States during an event in the East Room of the White House on September 5, 2018 in Washington, DC. Pence stands next to Trump.

Trump’s Disrespect for the Rule of Law Spreads

Trump's disrespect for the rule of law has spread and is now poised to threaten the president himself.
Trump addresses a joint session of the U.S. Congress as Vice President Mike Pence and House Speaker Rep. Paul Ryan (R-WI) sit behind him on February 28, 2017 in the House chamber of the U.S. Capitol in Washington, DC.

Trump Administration’s Terrorism Claims Omit Crucial Available Data

More information is needed to better understand how the federal government prosecutes terrorism. That’s why the Brennan Center – along with UNC Professor Charles Kurzman –…

Trump Could Learn from Gore on How to Handle an Election Interference Scandal

Replace Russia with China, the 2016 election with 1996, and Trump with Gore, and there are disturbing parallels. The stark difference is in how the White House handled the case.

A Path to Prosecuting President Trump

Justice Department regulations allow Special Counsel Robert Mueller, in “extraordinary circumstances,” to ask Deputy Attorney General Rod Rosenstein to approve a departure…
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