There's a lot we don't know about how and why White House Counsel McGahn concluded that the Flynn matter raised no legal issues.
Jack Goldsmith is the Henry L. Shattuck Professor at Harvard Law School, co-founder of Lawfare, a Senior Fellow at the Hoover Institution, and co-chair of its Working Group on National Security, Technology, and Law. He teaches and writes about national security law, presidential power, cybersecurity, international law, internet law, foreign relations law, and conflict of laws. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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The main danger in a Trump presidency is not that it will be too strong, but that it will be too weak.
What did McGahn know and do, and not do, and when?
If Trump brings an ISIL detainee to GTMO, the courts will finally be able to rule on President Obama's extension of the 2001 AUMF to ISIL. That is a legal risk Congress should not want to abide.
I’m starting to believe that either Donald Trump wants courts to strike down the Immigration Executive order, or that his White House Counsel is incompetent or ineffectual.
There exists a means of lodging an objection to what happened to Merrick Garland that ropes into the process a perhaps unlikely ally: Neil Gorsuch.
Her reasons for refusing to defend the Trump EO in court depart from normal DOJ standards.