L'Affaire Russe

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Federal Law Enforcement

Special Counsel Search Warrants Against Michael Cohen Unsealed

On Tuesday, the Chief Judge Beryll Howell of the U.S. District Court of the District of Columbia issued an order to unseal and for the government to publish warrants for searches against former Trump lawyer Michael Cohen obtained in Special Counsel Robert Mueller’s investigation. The five warrants can be read below. 

Warrant, July 18, 2017

Federal Law Enforcement

Defending Mueller’s Constitutional Analysis on Obstruction and Faithful Execution

The special counsel’s take on whether obstruction of justice can apply to presidential actions facially within Article II authority is consistent with the text, history, structure and principles of the Constitution, as well as the Supreme Court’s case law on the subject.

Documents

Document: White House Letter to Judiciary Committee Regarding Obstruction of Justice

White House Counsel Pat Cipollone has sent a letter to House Judiciary Committee Chairman Jerrold Nadler questioning the validity of the committee's investigation into, as the committee stated, "alleged obstruction of justice, public corruption, and other abuses of power by President Trump, his associates, and members of his Administration." Cipollone stated that the White House "[does] not believe the investigation ...

Congress

Executive Privilege and Compelled Testimony of Presidential Advisers: Don McGahn's Dilemma

The issue of whether former White House Counsel Don McGahn’ will testify before Congress raises questions about executive privilege and the compelled congressional testimony of senior presidential advisers that the courts have only seldom, if ever, addressed.

Documents

Document: White House Letter to Barr About Mueller Report

On April 19, Emmet Flood, special counsel to the president, sent a letter to Attorney General Bill Barr expressing concerns about the Mueller report. Flood argues that the report, particularly regarding obstruction of justice, "fails to comply with the requirements of governing law." The letter is available here and below. 

The Russia Connection

Livestream: Attorney General Barr Testifies Before Senate Judiciary Committee

Attorney General William Barr will testify before the Senate Judiciary Committee hearing Wednesday at 10:00 a.m. at a hearing regarding the Justice Department's investigation into election interference in the 2016 election. 

His prepared testimony is available here. 

Watch the testimony below (via the Washington Post). 

Podcasts

The Lawfare Podcast Bonus Edition: A Brookings Discussion on What We Learned From the Mueller Report

On April 23, Benjamin Wittes hosted a panel discussion at the Brookings Institution unpacking what we learned from the redacted version of the Mueller report. The panel featured Susan Hennessey, Chuck Rosenberg and Margaret Taylor. They discussed the factual record Mueller established on Russian interference and collusion, whether the president's conduct constitutes obstruction of justice and how Congress and the American people might react to the report. The full audio of the event is available here.

Federal Law Enforcement

What Mueller Got Right

The text of the special counsel’s detailed, damning report is rightfully receiving much attention. Most analysis has nevertheless failed to appreciate the narrow channel Robert Mueller needed to navigate when crafting this report—and just how deftly he managed to do so.

The Russia Connection

Video: Brookings Event on the Mueller Report

On April 23, Benjamin Wittes hosted a panel discussion at the Brookings Institution unpacking what we learned from the redacted version of the Mueller report. The panel featured Susan Hennessey, Chuck Rosenberg and Margaret Taylor. They discussed the factual record Mueller established on Russian interference and collusion, whether the president's conduct constitutes obstruction of justice and how Congress and the American people might react to the report.

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