Special Counsel

Latest in Special Counsel

The Russia Connection

Uncomfortable Questions in the Wake of Russia Indictment 2.0 and Trump’s Press Conference With Putin

What the Mueller indictment means for blowback against U.S. officials, reciprocal interference by the United States, the state of U.S. preparation against renewed adversary electoral operations, and the practices of U.S. journalists.

Federal Law Enforcement

The Government Shutdown Won’t Stop the Mueller Investigation

The federal government is shutting down, which may have those closely following L’Affair Russe wondering if the Special Counsel investigation into 2016 Russian election meddling will be interrupted. As the Justice Department confirmed last week, Mueller’s team will not be affected by a shutdown. This is why.

Fourth Amendment

Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?

There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential transition team's emails. One of the claims in Langhofer's letter is that the access violated the Fourth Amendment. I haven't seen a substantial legal analysis of this issue yet, so I thought I would try one.

The Russia Connection

Mueller, the GSA and the Trump Transition

The other day I posted a tweetstorm on the issues raised by the Trump transition's letter to Congress relating to the Special Counsel's access to transition data stored at GSA. The TL;DR summary: Not much there, there. I thought the entire text might be of interest to Lawfare readers:

A thread on the allegations of impropriety in Mueller's collection of Trump transition emails from the GSA /1

Executive Power

Other Ways the Senate Can Protect the Mueller Investigation

On Monday, the Senate Judiciary Committee convened hearings, entitled “Special Counsels and the Separation of Powers,” to listen to legal experts testify about the two pending Senate bills (Graham-Booker and Tillis-Coons, summarized here) that aim to further protect Special Counsels, including Robert Mueller, from improper termination by the president.

Special Counsel

Senate Judiciary Committee Hearing on Special Counsel Protection

Today at 10:00 am, the Senate Judiciary Committee will hold a hearing entitled 'Special Counsels and the Separation of Powers' to consider two bills that are designed to protect special counsels from wrongful termination. It will feature testimony from the following four witnesses, whose prepared statements are included below.

Executive Power

On the Role of Congress and the Courts in the Special Counsel Investigation: A Brief Reply to Rick Pildes

My colleague Rick Pildes has made a thoughtful, well-crafted case for the constitutionality of a judicially enforceable codification of the Department of Justice special-counsel regulations. A bill recently introduced by Sens.

Executive Power

Could Congress Simply Codify the DOJ Special Counsel Regulations?

Some members of Congress are looking for ways to protect the integrity of the Mueller investigation by ensuring that Mueller won’t be removed from office unless a genuinely appropriate basis exists for doing so. Sens. Christopher Coons (D-Del.) and Thom Tillis (R-N.C.) have introduced legislation to provide for judicial review if Mueller is removed, and Sens.

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