Special Counsel
177 Articles

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.…

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…

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…

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…

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…