Editor’s note: This is one of many summaries of depositions released by House impeachment investigators. The others are available here.
Patrick McDonnell is a student at Harvard Law School and previously spent five years as an Army intelligence officer with deployments to Europe and Afghanistan. He holds a BA in Political Science from the University of Notre Dame and is currently on leave from pursuing his MPA at the Woodrow Wilson School. The views expressed here are his own and do not reflect those of the Department of Defense, the U.S. Army, or any other agency of the United States Government.
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Then-Rep. Gerald Ford once defined an impeachable offense as “whatever a majority of the House of Representatives considers it to be at a given moment in history.” But legal scholars have concluded that impeachment is considerably more law-governed, and constrained, than Ford suggested. They draw on clues from the Founders, the text and structure of the Constitution, and the history of presidential impeachments (and near-impeachments) to make varying arguments about the impeachment power and the range of impeachable offenses.
Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held up by delays in the publication and release of relevant transcripts, this post summarizes these proceedings and identifies several areas of potential interest, including testimony from two FBI special agents regarding their interviews with the defendants and their prior knowledge of alleged torture by the CIA.
On Sept. 24, the Federal Register published two proposed rules from the U.S. Treasury Department governing the implementation of provisions from the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA).
Update on the Military Commissions: Continued Health Issues, Recusal Motion and a New Cell in 'al-Iraqi'
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened Aug. 21-28. You can find previous Lawfare coverage here and here.
With a new judge presiding, the military commission in United States v. Khalid Sheikh Mohammad, et al. (the 9/11 military commission) reconvened June 17-21. See here for previous coverage on Lawfare.