Ukrainegate

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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.
Salmon Chase and John Roberts

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses

There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
Jay Sekulow, personal lawyer for President Donald Trump, and Pat Cipollone, White House counsel, wait for an elevator as they arrive at the U.S. Capitol on January 22, 2020 in Washington, DC. Jay Sekulow grins widely.

Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause

Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."
Trump arrives at the White House on January 22, 2020 in Washington, DC.

What Sort of “Abuse of Power” Would Amount to an Impeachable Offense?

Philip Bobbitt writes that the Ukraine allegations amount to an impeachable abuse of power, but not the way some have framed it.
Cracks in cement

Four Fundamental Flaws in President Trump’s Impeachment Trial Memo

Leading impeachment law scholar pens a scathing critique of President Trump’s Trial Memo sent to senators on Monday.
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…
A flag waves in front of the U.S. Capitol building.

The Senate Must Conduct an Impeachment Trial That Is Serious and Fair

The American people deserve an impeachment trial that is fair and serious. The Chief Justice and the members of the Senate should deliver one.
An employee at the Utah County Election office puts mail in ballots into a container to register the vote in the midterm elections on November 6, 2018 in Provo, Utah.

The Trump-Giuliani Election Plan: Manipulating Voters

The public debate has included frequent reference to the potential destructive effects: illegal foreign interference in a presidential election that damages America’s democracy…
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