Andrew Kent

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Andrew Kent is Professor of Law at Fordham University School of Law. He teaches and writes about constitutional law, foreign relations law, federal courts and procedure, national security law, public international law and professional responsibility.

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Federal Law Enforcement

Defending Mueller’s Constitutional Analysis on Obstruction and Faithful Execution

The extent to which federal obstruction of justice statutes apply to the president, especially when concerning actions facially within the office’s powers under Article II, has been hotly contested at least since President Trump fired FBI Director James Comey in May 2017.

The Russia Connection

More Justice Department Precedent in Support of Mueller’s Obstruction Theory

An important debate is happening at Lawfare and elsewhere about Special Counsel Robert Mueller’s application of the obstruction of justice statutes to conduct by President Trump. Jack Goldsmith argues that Mueller’s analysis of the obstruction statutes does not stand up to close scrutiny. Benjamin Wittes argues that it does.

Executive Power

Faithful Execution of the Office and Laws: New Research on the Original Meaning of Article II

Writing here at Lawfare in the early days of the Trump administration, Benjamin Wittes and Quinta Jurecic zeroed in on a central dilemma of this presidency: What happens when the occupant of the office is unable to sincerely and credibly swear the constitutional oath, required by Article II, to “faithfully execute the office of the President of the United States”?

FBI

Congress Should Reconsider Giving the FBI Director Independence from Presidential Control

Although Christopher Wray seems like a reasonable choice to lead the FBI, appointing a decent new director will do little to cure the terrible damage done by President Trump’s dismissal of James Comey in the middle of his ten-year term because Trump disliked the FBI’s pursuit of the Russia investigations.