Congress
The D.C. Circuit Got History Wrong in its McGahn Decision
Jonathan Shaub Thu, Sep 3, 2020, 10:10 AM
The majority fails to consider the relevant history of congressional oversight of the executive branch.
Jonathan Shaub is a contributing editor to Lawfare and an assistant professor of Law at the University of Kentucky J. David Rosenberg College of Law. He formerly served in the U.S. Department of Justice as an attorney-adviser in the Office of Legal Counsel and as a Bristow Fellow in the Solicitor General's Office.
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Impeachment
Executive Privilege Is No Reason for the Senate to Ignore John Bolton
Jonathan Shaub Mon, Jan 27, 2020, 12:45 PM
The argument that the Senate should decline to seek specific evidence relevant to impeachment in order to protect the presidency’s generalized institutional interests badly distorts executive privilege.
Congress
Testimony and Executive Privilege in the Senate Impeachment Trial
Jonathan Shaub Wed, Jan 15, 2020, 2:41 PM
Senators are debating whether witnesses will appear at the impeachment trial. But if the Senate does vote to hear from witnesses, could executive privilege be utilized to block their testimony?
Impeachment
Should the House Have Gone to the Courts on Obstruction Before Impeaching?
Jonathan Shaub Fri, Jan 10, 2020, 2:56 PM
Legislators largely allowed the executive branch to take refuge in broad prophylactic doctrines that eliminated any need to consider Congress’s interests.
Impeachment
Obstruction of Congress, Impeachment and Constitutional Conflict
Jonathan Shaub Fri, Jan 10, 2020, 2:56 PM
Any discussion of the obstruction charge against President Trump should take into account the historical constitutional disputes between Congress and the executive branch.
Executive Power
The Executive’s Privilege: Rethinking the President’s Power to Withhold Information
Jonathan Shaub Thu, Oct 31, 2019, 8:59 AM
What is “executive privilege”? In the specific context of information disputes between the executive branch and Congress, the Supreme Court has never addressed—let alone answered—that question.
Congress
The Little-Noticed Way the McGahn Litigation Could Shape Congressional Oversight
Jonathan Shaub Fri, Aug 23, 2019, 11:54 AM
On Aug. 7, the House Judiciary Committee filed a lawsuit asking a federal court in D.C. to force Don McGahn, former White House counsel, to comply with the committee’s subpoena for his testimony.