Executive Branch

Latest in Executive Branch

Donald Trump

The Impeachable Offense and the Modern Presidency

The Trump presidency’s legal and other difficulties have brought fresh attention to the uses and limits of the impeachment process. Jane Chong and Benjamin Wittes have argued that Congress ought at least to initiate a careful examination of the case for impeachment before potentially having to cobble it together on the fly. Now books are appearing with advice on just that question.

Executive Power

Considering Trump’s Legal Position (and Problems) After the New York Times Interview

This morning, Benjamin Wittes wrote in strong terms about the extraordinary interview the President gave the New York Times and what it reveals about Trump’s understanding of legal institutions and the rule of law. The main theme playing through Trump’s comments is that, as President, he has a clear call on the loyalties and responsiveness of Department of Justice and the FBI.

Executive Branch

The “Deep State” Myth and the Real Executive Branch Bureaucracy

A pernicious narrative persists today among fans and critics of executive power alike, which goes something like this: the real power in the U.S. government lies not with the elected President, not with his politically appointed cabinet officials, and not with members of Congress. That power rests instead in the hands of an organized network of nefarious, all-powerful, faceless bureaucrats. This stronghold of anonymous control, we are told, is the “Deep State,” the real power center in Washington.

Executive Branch

A Premature Primer: How Do Impeachment Proceedings Actually Work?

Two weeks ago, CNN reported that “White House lawyers have begun researching impeachment procedures in an effort to prepare for what officials still believe is a distant possibility that President Donald Trump could have to fend off attempts to remove him from office.” More broadly, the conversation has shifted from implying the possibility of impeachment to overtly discussing it: Senator Angus King (I-ME) for example

Executive Power

Obama's Legacy: Law, Transparency, and the Politics of Anguish

Back in November, The Hill reported that the White House is looking into increasing the transparency of the drone program before President Obama’s imminent departure from office:

The White House wants to reduce the secrecy surrounding lethal drone strikes and other counterterrorism efforts, with an eye on President Obama's legacy when he leaves office in 14 months.

Subscribe to Lawfare