5th Amendment
8 Articles
No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
Split Over Compelled Decryption Deepens With Massachusetts Case
Encryption is as omnipresent as computers, tablets, and smartphones. Yet the Supreme Court has not provided guidance on the constitutional implications of compelling a suspect…
A Potential Recourse for Targets of White House Security Clearance Threats
The White House has recently stated that it is considering revoking the security clearances of several former high ranking public officials. In a July 23 press conference, White…
If Trump Pleads the Fifth, Here Are Mueller’s Options
In the last several days, President Donald Trump’s lawyers have floated what appears to be a trial balloon, suggesting that despite Trump’s bold proclamation that he welcomed…
Q&A with Andy Wright on Flynn, Subpoenas and “Privileged Information”
CNN reported Tuesday that retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, has twice declined to comply with a subpoena to appear…
Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?
The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena…
Congressional Due Process Failure: A Benghazi Example
The consequences of congressional scrutiny can be profound for the subjects of lawmakers’ investigations, yet the second Congress calls, almost none of the safeguards of the…
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