Jan. 6: Congress
The D.C. Circuit Takes on Executive Privilege
Scott R. Anderson, Quinta Jurecic, Jonathan Shaub, Benjamin Wittes Tue, Nov 30, 2021, 7:07 PM
The oral argument took hours. The result is not hard to predict.
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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The January 6 Project
Why the Justice Department Is Taking So Long to Indict Steve Bannon
Jonathan Shaub, Benjamin Wittes Thu, Nov 11, 2021, 11:52 AM
The contempt case against Bannon is actually more complicated than it looks.
The January 6 Project
The Jan. 6 Committee Should Take Its Time With Mark Meadows
Jonathan Shaub Tue, Nov 2, 2021, 1:07 PM
The Jan. 6 committee should not rush to hold Mark Meadows in contempt. It should instead take the time to develop a record that leaves him no wiggle room to hide behind the ambiguities inherent in executive privilege.
The January 6 Project
An Update on the Prospects for a Contempt Prosecution of Steve Bannon
Jonathan Shaub Tue, Oct 19, 2021, 1:17 PM
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon.
The January 6 Project
How the Jan. 6 Committee Can Make It Easy to Prosecute Bannon for Contempt
Jonathan Shaub Mon, Oct 18, 2021, 2:35 PM
If the Jan. 6 Committee eliminates any potential claim of executive privilege, the challenges of prosecuting Bannon and other former executive branch officials may be facilitated.
The January 6 Project
Executive Privilege and the Jan. 6 Investigation
Jonathan Shaub Wed, Sep 29, 2021, 8:01 AM
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinct groups with different legal obligations and authorities.
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.