Presidential Powers

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US Attorney General William Barr (L) and US President Donald Trump

A National Security Impeachment

"What this standoff also reveals is a deeper threat to our constitutional system, and a pathway forward for legislators to guard against abuses by this and future presidents."
Truman next to a newspaper with the headline, "Truman orders U.S. air and sea forces to support South Korea.”

The Limited War Powers Precedent of the Korean “Police Action”

In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY) and House Minority Leader Nancy Pelosi (D-CA), confer during a ceremony awarding former Senate Majority Leader Bob Dole the Congressional Gold Medal at the U.S. Capitol on January 17, 2017 in Washington, DC.

So This Is What Congress’ Getting Involved in Foreign Affairs Looks Like

Analysts and scholars have long wondered what it would look like if Congress reasserted itself in foreign affairs.  It’s a role that Just Security Founding Editor (and my former…

New Year Thoughts on the Role of Chief of Staff and Trump White House Dysfunction

The White House chief of staff position is again in transition. It is the top staff job in government — a momentous position that merits a broad look at its roles and responsibilities.…

A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation

"It’s not hard to summarize Barr’s views because they're so shockingly categorical and so extreme."

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.…
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