Department of Justice (DOJ)
383 Articles

Setting the Record Straight: The Pardon Power is Part of the Rule of Law
Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…

Trump’s Militia Pardon is Another Blow to Federal Law Enforcement
News that Trump has pardoned two cattle ranchers who committed arson on public lands should alarm anyone who is committed to our legal institutions.

Mueller Lacks Authority to Indict Trump
Whatever one’s views on the ultimate questions of whether a sitting president may constitutionally be indicted and for what offenses, they are as a practical (and legal) matter…

The Complicated Truths of the DOJ IG Report
The DOJ IG report forces readers to hold multiple competing thoughts in your head at the same time.

OLC’s Formal (and Remarkably Broad) Defense of the April Syria Strikes
This morning, the Justice Department's Office of Legal Counsel posted a formal, 22-page opinion, concluding that the April 13 airstrikes on Syria were lawful.

Trump Might Be Surprised to Learn: Justice “Spy” Tactics Used on Dem Politicians Too
During the Obama administration, the Justice Department routinely used “spy” tactics to investigate Democratic campaigns and politicians.

Trump’s Subpoena Gamble: Fighting It Could Open Door to Indictment
If President Trump litigates the question whether the special counsel can subpoena him, the courts may ending up also saying a sitting president can be indicted.

Dispelling the NYT’s “The Daily” Podcast’s Misconceptions about Mueller’s Options
Professor Goodman explodes four common myths about Mueller's options if the special counsel finds the President engaged in criminal activity. Some avenues are closed or risky,…

Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller
Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…

Reclaiming the Public Safety Mantle for Sanctuary Cities
James Schwab, a spokesman for U.S. Immigration and Customs Enforcement, resigned earlier this month saying that he could no longer “bear the burden” of spreading false information…

The Unintended “Foreign Agents”
“Foreign agents” are suddenly in our midst – or so it seems. Paul Manafort was indicted, in part, for failing to register under the Foreign Agents Registration Act (FARA).…

Trump’s New Target: The Justice Department’s Inspector General
President Donald Trump repeated his totally bizarre attacks against his own attorney general on Wednesday, but this time he included a new target for his anger: the Justice Department’s…