Nathaniel Sobel is a graduate of Harvard Law School, where he was a Lawfare student contributor.
Subscribe to this Lawfare contributor via RSS.
States are the first line of defense in election-related disputes. But will they be able to prevent a constitutional crisis?
Among other things, the Senate Intelligence Committee’s report on Russian election interference and New York Times reporter Michael Schmidt’s book on the Russia investigation shed light on U.S. Attorney John Durham’s ongoing probe.
The district court in Trump v. Vance ruled that Manhattan district attorney Cyrus Vance can enforce a subpoena for Trump’s tax returns. Trump immediately appealed to the Second Circuit, and Vance has agreed to delay enforcement until the appellate court rules on it.
President Trump filed his amended complaint and Manhattan District Attorney Cyrus Vance filed his motion to dismiss.
After rejecting President Trump’s claims of absolute immunity from a subpoena from the Manhattan district attorney, the Supreme Court sent Trump v. Vance back down to the lower courts to allow Trump to raise new arguments.
The investigation as it developed should not have been conducted by a federal prosecutor, and Attorney General Barr’s public commentary has seriously (and somewhat mysteriously) damaged the credibility of whatever Durham uncovers.
The Supreme Court’s landmark Fourth Amendment decision in Carpenter could impose new limits on aerial surveillance.