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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Trump's airstrikes in Syria represent unilateral presidential war initiation, and the Founders would have unanimously held that the action was unconstitutional.
Flynn and his lawyers may actually think that he has a rather low chance of being successfully prosecuted. And if that is right, Flynn's actions might be best understood as a smart play by someone seeking a clear win, rather than a desperate attempt to minimize losses.
A review of David Armitage, Civil Wars: A History in Ideas (Alfred A. Knopf 2017).
Because direct public knowledge of the investigative processes and the fruits of the investigations will likely remain hidden, what can we look for as proxies for judging the credibility of the FBI and congressional efforts?
The short answer is yes. But only if they are willing to risk the consequences.
Given confusion in recent days as to the propriety of lower courts issuing nationwide injunctions in relation to litigation over Trump's executive order on immigration, it’s worth reviewing how these injunctions have recently been issued, how they are used, and where they stand legally.
My recent post on the top-side briefing in Hernandez v. Mesa, the Fourth Amendment cross-border shooting case pending at the Supreme Court, struck a nerve with my friend Steve Vladeck, who is one of the able attorneys representing the parents of the deceased teenager Hernandez.