Lawfare’s daily roundup of national-security news and opinions.
Mikhaila Fogel is an associate editor at Lawfare and a research assistant at the Brookings Institution. She previously worked as a legislative correspondent for national security and foreign affairs issues in the Office of Sen. Susan Collins. She holds a bachelor’s degree from Harvard College, where she majored in history and literature and minored in government and Arabic.
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White House Counsel Pat Cipollone has sent a letter to House Judiciary Committee Chairman Jerrold Nadler questioning the validity of the committee's investigation into, as the committee stated, "alleged obstruction of justice, public corruption, and other abuses of power by President Trump, his associates, and members of his Administration." Cipollone stated that the White House "[does] not believe the investigation ...
At 10:00 a.m. on Wednesday, the House Committee on the Judiciary will hear testimony from legal experts on the issue of executive privilege and congressional oversight. A video of the hearing is available below.
Witnesses include Kate Shaw of Benjamin N. Cardozo School of Law; Paul Rosenzweig of R Street Institute, and a contributing editor of Lawfare; Jonathan Turley of George Washington University Law School; and Neil Kinkopf of Georgia State University College of Law.
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On May 10, the Brookings Institution hosted a public conversation between former FBI General Counsel Jim Baker, who is now the Director for National Security and Cybersecurity at the R Street Institute, and Brookings Senior Fellow Benjamin Wittes. The conversation was recorded live as a Bonus Edition of the Lawfare Podcast.
Stuart McKeever has petitioned the U.S. Court of Appeals for the D.C. Circuit for a rehearing en banc in McKeever v. Barr, concerning the judiciary's inherent authority to release grand jury material. A D.C. Circuit panel ruled against McKeever in early April, finding that courts do not have such authority. The petition is available here and below.
The U.S. Court of Appeals for the Ninth Circuit ruled on Tuesday that the Trump administration can continue to enforce its "Remain in Mexico" policy for some Central American migrants while litigation over the policy proceeds, staying the lower court's injunction. The ruling is available here and below.