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Pat Cipollone, White House counsel, waits for an elevator as he arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

The Ukrainian “Drug Deal” and All the President’s Lawyers

Lawyers in the Trump administration appear to be acting more like operatives helping to facilitate an illegal scheme, rather than lawyers with an obligation to end it.
Senate Majority Leader Mitch McConnell (R-KY) leaves the Senate floor at the conclusion of the third day of the Senate impeachment trial of President Donald Trump on January 23, 2020 in Washington, DC.

There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay

Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Trump (C) leaves with Chief of Staff John Kelly (L) and National Security Advisor John Bolton (R) after holding a press conference ahead of his early departure from the G7 Summit on June 9, 2018 in La Malbaie, Canada.

Executive Privilege Cannot Block Bolton’s Testimony

All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
A collage of photos of Les Parnas meeting with various people in the Trump administration, including, Trump, Ivanka Trump and Jared Kushner, Kellyanne Conway, Pence, and more.

15 Questions the Media Should Be Asking Lev Parnas

A list of specific questions reporters (and perhaps members of Congress, if the time comes) should be asking Lev Parnas.
Trump and Acting chief of staff Mick Mulvaney listen to comments during a luncheon with representatives of the United Nations Security Council, in the Cabinet Room at the White House on December 5, 2019 in Washington, DC.

GAO Decided Trump’s Hold on Ukraine Funding Was Illegal and It Wasn’t a Tough Call

In addition to the larger implications GAO's decision has for the Senate impeachment trial, a close reading of yesterday's report provides some important new insights.
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?

To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
Redacted text

Exclusive: Unredacted Ukraine Documents Reveal Extent of Pentagon’s Legal Concerns

Just Security has viewed unredacted emails, which tell the behind-the-scenes story of the defense and budget officials who had to carry out the president’s unexplained hold on…
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."
Speaker of the House Nancy Pelosi (D-CA) takes questions during her weekly news conference on Capitol Hill December 12, 2019 in Washington, DC.

The House Should Pause Impeachment

"It’s better for the House and for the country to hit pause, and turn now to the courts for resolution."
US President Donald Trump and First Lady Melania Trump walk to Marine One, departing from the White House on December 2, 2019 in Washington, DC.

Federal Criminal Offenses and the Impeachment of Donald J. Trump

Experts conclude President's conduct involves multiple federal crimes.
A Ukrainian serviceman patrols by a destroyed coal mine of Butovka at the front line with Russia-backed separatists not far from the town of Avdiivka, Donetsk region on November 7, 2019.

Warning Signs as Ukraine-Russia Peace Talks Resume

Ukrainian President Zelenskyy likely feels the time for a breakthrough is now. The question is at what cost, and whether the West will have his back.
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