Andrew Kent is a professor at Fordham University School of Law and holds the John D. Feerick Research Chair.
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There are a lot of unanswered questions about the probe new special counsel Robert Mueller will lead into the Trump-Russia issues. I want to offer some thoughts on two questions that are already being raised: what is Mueller’s jurisdiction, and will the public learn what he uncovers?
At the Atlantic, David Frum writes:
President Trump’s request that James Comey kill the investigation into former National Security Advisor Michael Flynn, which Comey reportedly refused, raises significant questions about Trump’s decision to fire the FBI Director.
With one exception, I agree with Jack’s post on the OLC perspective on the constitutionality of President Trump’s Syria strike. Jack writes about Trump's strike:
Lawfare readers are surely aware that on Thursday, the lawyer for former national security adviser Michael T. Flynn went public with a statement seeking immunity from prosecution in exchange for his testimony to either of the congressional intelligence committees investigating Russia-Trump matters.
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A review of David Armitage, Civil Wars: A History in Ideas (Alfred A. Knopf 2017).
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To date, Attorney General Jeff Sessions and congressional Republican leaders have resisted calls for an independent investigation of the scandals concerning Russia and Donald Trump and his circle—the most serious of which is possible collusion of members of the Trump campaign in Russia's interference in the presidential election.
The Washington Post reports that, during the first chaotic weekend of the Trump executive order regarding refugees and immigrants, chief White House strategist Steve Bannon ordered the head of the Department of Homeland Security, retired general John Kelly, not to go ahead with Kelly's plan to issue exemptions for lawful permanent residents (green card holders). But Kelly refused: