Presidential Powers

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The Senate Strikes Back: Checking Trump’s Foreign Policy

Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…
A subpoena reading, “United States of America; Congress of the United States; Subpoena Duces Tecum; To: President Richard M. Nixon, The White House, Washington D.C.; Pursuant to lawful authority, you are hereby commanded to make available to the Senate Select Committee on Presidential Campaign Activities of the Senate of the United States, on Thursday, July 26, 1973, at 10:00 o’clock a.m., at their committee room, 318, Old Senate Office Building, the following: …”

Can Congress Subpoena Trump to Testify?

Now that the Democrats have won control of the House of Representatives, there will be a flood of congressional investigations of waste, fraud, and abuse within the Trump administration,…
Supreme Court Nominee Brett Kavanaugh meets with Sen. Susan Collins (R-ME) in her office on Capitol Hill on August 21, 2018 in Washington, DC.

Rear Admiral Hutson: Why Senators Should Vote No on Kavanaugh

Why the U.S. military and national security are poorly served by Kavanaugh's support for extreme Presidential Powers.
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."
The dome of the US Capitol Building on a cloudy grey day.

The Case for Legislative Security Clearance Reform

One thing everyone can agree on is that President Donald Trump is a master at exposing the cracks in our political and legal landscape, whether he intends to or not. He refuses…

The Trials of White House Counsel Don McGahn

Over the weekend, Michael Schmidt and Maggie Haberman published a remarkable story in the New York Times chronicling White House Counsel Donald F. McGahn’s substantial cooperation…

Brennan’s Due Process Case Against the White House

In an unprecedented move, the White House announced that President Donald Trump was revoking the security clearance of John Brennan, the CIA director in the Obama administration.…

U.S.-Russia Military Coop: Sec. Mattis Doesn’t Need Congress’ Permission, But Congress Has Control Options

"Some misunderstanding persists about the scope of the statutory prohibition on bilateral military-to-military cooperation with Russia, the relatively straightforward requirements…

When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii

What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…

Concerning the Congressional Prohibition on U.S.-Russia Bilateral Military Cooperation

[Editor’s Note from Ryan Goodman: On Thursday, I wrote about a provision of the National Defense Authorization Act, which stipulates that no funds may be “used for…

Does a Years’ Old Congressional Statute Prevent a Trump-Putin Agreement for Military Cooperation?

"Pentagon officials may feel a sense of security that the congressional statute forecloses certain options. But does it?"

President Trump’s Stain on Brett Kavanaugh and How to Remove It

A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
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