Congress
Why the McGahn Agreement Is a Devastating Loss for Congress
Jonathan Shaub Wed, May 19, 2021, 11:47 AM
The agreement is a lost opportunity that may not represent itself again for quite some time.
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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Executive Privilege
Can a Former President Assert Executive Privilege in an Impeachment Trial?
Jonathan Shaub Fri, Jan 29, 2021, 8:01 AM
Senators should not concede that former President Trump has the authority to assert executive privilege and direct the withholding of evidence based on his appraisal of the public interest. And it should especially not do so in the context of impeachment.
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.
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.