congressional oversight

Latest in congressional oversight

Mueller Investigation

Oral Arguments in the D.C. Circuit En Banc Consideration of Committee on the Judiciary v. McGahn and U.S. House of Representatives v. Mnuchin

Judges were skeptical of the Department of Justice’s sweeping arguments but searched for limiting principles on court cases brought by Congress.

Mueller Investigation

D.C. Circuit Dismisses McGahn Subpoena Case

On Feb. 28, the U.S. Court of Appeals for the D.C. Circuit dismissed the House Judiciary Committee's lawsuit to compel the testimony of former White House Counsel Don McGahn. Writing on behalf of the court, Judge Thomas B. Griffith wrote, "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss this case." The opinion is available here and below.

congressional oversight

House of Representatives Files Supreme Court Brief in Mazars and Deutsche Bank Cases

The House of Representatives has filed its brief before the Supreme Court in the consolidated cases Donald J. Trump v. Mazars USA, LLP, et al and Donald J. Trump v. Deutsche Bank AG, et al, regarding whether the court should invalidate four subpoenas to the companies from three separate House committees regarding President Trump's financial and business reports. The committees ask the court to affirm the lower courts' judgments that the House can issue the subpoenas, and argue that, "Many momentous separation-of-powers disputes have come before this Court . . .

Counterterrorism

Targeting al-Baghdadi and Selective Notification to Congress: Assessing the Issues

In the aftermath of the successful operation against Abu Bakr al-Baghdadi, the fact that the Trump administration gave advance notice to the Russian government and possibly also to some Republican lawmakers—but not to Speaker of the House Nancy Pelosi, House Permanent Select Committee on Intelligence Chairman Adam Schiff or other Democratic lawmakers—is attracting criticism. Is the criticism warranted? Not from a legal perspective. But it’s complicated from there.

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