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ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply

As the Watergate scandal deepened in November 1973, President Richard Nixon declared: “People have got to know whether or not their President is a crook.” Nixon was right.…
Acting Attorney General Matthew Whitaker delivers remarks to the Joint Terrorism Task Force on November 21, 2018 in New York City.

The Whitaker Hearing: Potential Executive Privilege and Subpoena Fireworks

It appears acting Attorney General Matthew Whitaker allowed an important deadline to pass on the eve of his testimony before the House Judiciary Committee. Rep. Jerrold Nadler…
Roger Stone arrives at the Prettyman United States Courthouse surrounded by DHS officers.

Will the Public Find Out if Trump Directed Campaign Contact with Stone on Wikileaks?

On January 24th, a federal grand jury in Washington, D.C. convened by Special Counsel Robert Mueller returned an indictment of Roger Stone for false statements, obstruction of…
Supreme Court Building

Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings

Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…
Former FBI Director Robert Mueller, special counsel on the Russian investigation, leaves following a meeting with members of the US Senate Judiciary Committee at the US Capitol in Washington, DC on June 21, 2017.

Mueller’s Investigation May Be Coming to an End, But Congress Is Just Getting Started

On January 3, 2019, a new Congress will head to work with a monumental — but not unprecedented — job to tackle. Close observers of Special Counsel Robert Mueller’s investigation…

Not Mere “Process Crimes,” False Statements Prosecutions Are Serious

In case you haven’t noticed, Special Counsel Robert Mueller takes lying very seriously. And, as we witnessed during Michael Flynn’s dramatic sentencing hearing, apparently…

Analysis of the Michael Flynn Sentencing Hearing Drama

On Tuesday, former national security advisor Michael Flynn appeared before Judge Emmett Sullivan for sentencing in the Russia investigation. Entering the hearing, Flynn walked…

Major Takeaways from Michael Cohen’s Plea on Trump Moscow Project

What are the big takeaways from Michael Cohen's revelations about the Trump Tower Moscow project? And how does this information shed light on other public information concerning…

Why We March—A Bipartisan Coalition Has Got Mueller’s Back

Two days after a national election, the last thing the media expected to see was over 100,000 grassroots activists rallied in the streets. Chris Hayes encapsulated the press…

The Constitutional Challenge to Mueller’s Appointment (Part VI): Oral Argument and Supplemental Briefing Order [UPDATED]

On Thursday, I attended the oral argument in Miller v. United States, No. 18-3052, a case challenging the constitutionality of Robert Mueller’s appointment to serve as “Special…

A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation

Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.”  The President promptly tweeted:  “We are pleased to announce…

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…
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