Donald Trump

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People protest the Muslim travel ban outside of the US Supreme Court in Washington, DC on June 26, 2018. A sign reads, “No Muslim Ban”

Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision

Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.
Side by side photos of Roger Stone, Steve Bannon, and Paul Manafort.

Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice

Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…
Insurgents on January 6, 2021 push against police forces. One insurgent seems to have a riot shield, while the police officer does not.

Incitement to Violence Ain’t Free Speech

The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…

Ousted Autocratic Presidents and Their Backers in the Legislative Branch

Machinations of hardliners from Sri Lanka to Hungary, Colombia and more signal the trouble Trump and his supporters could make for the Biden administration.
Istanbul University's students hold posters of Bogazici University rector Mesut Balu and Istanbul University rector Mahmut Ak and placards reading "Istanbul University students in solidarity with Bogazici" during a solidarity protest against the appointment of the new rector to Bogazici University by Turkish President, on January 11, 2021 in Istanbul. The protestors wear face masks in compliance with COVID-19 safety measures.

A New Assault on a Democratic Citadel in Turkey, Too

A week before the Jan. 6 US Capitol attack, Turkey's president waged another kind of assault on one of his country’s last bastions of democratic thought.
Cases containing electoral votes are opened during a joint session of Congress after the session resumed following protests at the US Capitol in Washington, DC, early on January 7, 2021

The Constitutional Case for Impeaching Donald Trump (Again)

We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…
Ivanka Trump watches Donald Trump speak during a news briefing on coronavirus on March 20, 2020 in Washington, DC. Neither wear face masks.

Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport

'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…
Director of CISA Christopher Krebs speaks to press.

A Post-Election Trump Firing Makes the Case for an Independent, Regulatory CISA

Incoming President Biden and Congress should seize the moment of the agency’s high profile to strengthen its role in protecting critical US infrastructure.
A road sign entering Fort Bragg going from Connecticut Avenue in Southern Pines, North Carolina, in March 2010. The sign reads, “US Army Fort Bragg Military Reservation – All persons and vehicles entering or departing this installation are subject to search.”

Trump’s Veto Threat Over Confederate-Named Bases Erodes U.S. Security and American Values

Given the historical significance of this moment and the alternatives for commemorating real, heroism, Congress has a moral and practical obligation to act.
Acting US Attorney General Matthew Whitaker and Senior Adviser Jared Kushner arrive at Andrews Air Force Base, Maryland, on December 7, 2018.

Loyalty Above All: The “Shallow State” of the Trump Administration

A compilation of executive branch positions deprived of competence and expertise, and filled instead with political loyalists.
Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy

Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

The President and Immigration Law: The Danger and Promise of Presidential Power

In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
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