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The Russia Connection

Why Hasn’t Rod Rosenstein Recused Himself From the Mueller Investigation?

Jack Goldsmith   Fri, Jan 5, 2018, 9:25 AM

One puzzle that deepens with Mike Schmidt’s New York Times story on “Trump’s Struggle to Keep [a] Grip on [the] Russia Investigation” is why Deputy Attorney General Rod Rosenstein has not recused himself from overseeing the Mueller investigation. On Lawfare’s special edition podcast Thursday, Susan Hennessey briefly raised the issue, but the puzzle is worth unpacking a bit more.

FBI Director James Comey

All the Director's Employees: Data Show the White House Lied about Support for Jim Comey

Susan Hennessey, Benjamin Wittes   Fri, Aug 18, 2017, 2:30 PM

On our Foreign Policy feed, we explain how newly released employee survey data from the Federal Bureau of Investigation disproves the president's claim that former FBI Director James Comey had lost the confidence of the rank-and-file. The article begins:

Following the firing of FBI Director James Comey, the White House claimed that it wasn’t only the president who had lost confidence in Comey but the rank and file of the FBI as well.

Executive Power

FBI Independence—Too Much of a Good Thing?

Robert S. Litt   Mon, Jul 17, 2017, 10:00 AM

Andrew Kent argues that in light of President Trump’s attempts to influence the FBI investigation into his campaign’s Russia connections, and his firing of James Comey, Congress should consider giving the director of the FBI greater independence by making him removable only for cause—and with any removal potentially subject to judicial review.

Donald Trump

In Sharing Memos, Comey Did Nothing Wrong as a Former Official and Everything Right as a Whistleblower

Timothy Edgar, Susan Hennessey   Fri, Jun 9, 2017, 2:29 PM

The world has waited for Donald Trump’s response to yesterday’s stunning testimony from former FBI Director James Comey. Trump’s uncharacteristic restraint in holding back from tweeting yesterday apparently didn’t last long. This morning he wrote:

Despite so many false statements and lies, total and complete vindication...and WOW, Comey is a leaker!

FBI Director James Comey

Did We Learn Anything New in Comey's SSCI Hearing?

Jane Chong, Susan Hennessey, Quinta Jurecic   Thu, Jun 8, 2017, 8:24 PM

Former FBI Director James Comey testified for a little under three hours this morning in an open session before the Senate Intelligence Committee. Considering the detailed revelations included in his written statement released by the Senate Intelligence Committee yesterday in the lead-up to today’s testimony, how much new information did today’s hearing really add?

Donald Trump

On the “Nature of the Person”: Initial Thoughts on James Comey’s Testimony

Benjamin Wittes   Thu, Jun 8, 2017, 7:50 PM

A few weeks ago, I gave an interview to the PBS NewsHour in which I was asked for the basis of my earlier claim that former FBI Director James Comey regarded President Trump and his coterie as dishonorable. I responded: “It was written on every line in his face. It was evident in the disapproving tone he took when he described them.”

Donald Trump

Liveblog: Former FBI Director James Comey Testifies before the Senate Intelligence Committee

Quinta Jurecic   Thu, Jun 8, 2017, 9:31 AM

Former FBI Director James Comey testifies this morning for the first time since his dismissal before the Senate Intelligence Committee in a highly anticipated hearing. Comey's opening statement, released yesterday, is available here.

Video is available below. Lawfare will be liveblogging the hearing; you can follow along below.

Donald Trump

Don’t Look Now but President Trump Named a New FBI Director

Chris Mirasola   Thu, Jun 8, 2017, 8:30 AM

Yesterday, President Trump announced on Twitter that he plans to nominate Christopher Wray as the new Director of the FBI. The FBI is currently being led by Acting Director Andrew McCabe, whom the New York Times reported was considered for the post. The Senate must confirm Wray before he can assume the directorship.

Donald Trump

What Does Comey's Statement Tell Us about Obstruction of Justice in the Flynn Investigation?

Bob Bauer   Wed, Jun 7, 2017, 5:42 PM

It is hazardous to do too much reading between the lines of former FBI Director James Comey’s written statement to the Senate Intelligence Committee, released today in advance of his testimony tomorrow. He made some clear choices, the most important of which was to stick to an account of his specific interactions with president.

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