Latest in Executive Power
In the past two decades, the United States has applied a growing number of foreign and security measures directly targeting individuals. A new paper considers this phenomenon and its implications for the administrative state, the presidency and the courts.
President Trump filed a lawsuit against the House Committee on Ways and Means, New York State’s attorney general and the state’s tax commissioner on Tuesday, to block the release of multiple years of his state tax returns. Trump filed this suit “in his capacity as a private citizen” after the Ways and Means Committee sued the Treasury Department for his tax returns.
On July 10, Judge Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan denied the government’s motion to dismiss the plaintiffs’ third amended complaint in Arab American Civil Rights League et al. v. Donald Trump et al., in which the petitioners challenge the Trump administration’s travel ban on constitutional grounds. The order is available here and below.
On Monday, the White House notified the House judiciary committee that the president had directed former White House counsel Don McGahn not to appear before the committee on May 21 pursuant to a subpoena issued earlier this month.
On Monday, the Justice Department’s Office of Legal Counsel released the following opinion on whether former White House counsel Don McGahn enjoys immunity from compelled testimony by the House judiciary committee. The full opinion is below.
Special Counsel Robert Mueller argues that applying the obstruction statutes to the president will not chill performance of Article II duties. But Mueller’s own investigation demonstrates otherwise.
In examining whether the federal obstruction of justice statute applies to the president, Robert Mueller analogizes bribery and obstruction. But this is not supported by Office of Legal Counsel precedent.
President Trump currently has the authority to withdraw the United States from NATO in a manner not subject to judicial review. Congress could change that.
Hard cases make bad law, and Americans should be very wary of contorting constitutional rules to ensnare a uniquely corrupt official.
We continue to believe that Barr’s stance is both radical and wrong.