Recusal
10 Articles
Questions for Senators (And Journalists) to Ask Attorney General Nominee Pam Bondi
We asked leading experts what questions Committee members should ask Bondi in her confirmation hearing.
Why Fani Willis Is Not Disqualified Under Georgia Law
Analysis of Georgia law on disqualifying prosecutors.
What’s Noticeably Missing from the Whitaker Nonrecusal Explanation
The Department of Justice issued a letter yesterday explaining why Matthew Whitaker has decided he won’t recuse from superintending the Russia Investigation overseen by Special…
Whitaker’s Unofficial Role as Adviser to Trump Campaign is a Clear Red Line
Whitaker served as a "sounding board" for the national co-chairman of the Trump campaign, and continued to have regular private communications with this important grand jury witness.
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required
President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…
Judge Kavanaugh’s Testimony on His Constitutional View of Presidential Immunity is Misleading—and It Also Clinches the Case for Recusal
It could not now be clearer that as a result of his writings and public statements, Judge Kavanaugh cannot meet his own stated test of “open-mindedness.”
Sessions’ Firing McCabe Violated His Promise to Recuse
Most focus on what the Attorney General said in his statement of recusal in March 2017. What has been overlooked is when Sessions promised the Senate, under oath, that he would…
Sessions’ Recusal, the Clinton Foundation, and Uranium One
When Attorney General Jeff Sessions testifies before the House Judiciary Committee Tuesday, he will face questioning on the Uranium One deal. As Special Counsel Robert Mueller’s…
Sparring Over the 9/11 Trial Recusal Motion
Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in…
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