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Donald Trump

Some Questions for Attorney General Barr

Consider the affirmative dismay with which lawyers are likely to view the actions of Attorney General Bill Barr. Even leaving aside the atmospherics of his recent performances (for example, the almost palpable disdain with which he treated the press at his press conference and the almost cloying way in which he defended Trump's actions as the product of "frustration and anger"), Barr's actions over the past month have left any reasonable observer with a number of questions about the quality of his legal performance.

Donald Trump

Full Text of the Mueller Report's Executive Summaries

Editor’s Note: Below are the executive summaries of the two volumes of Special Counsel Robert Mueller's final report. Volume I deals with links between Russia and the Trump campaign, while Volume II deals with potential obstruction of justice by President Trump. This article is available in audio format on the Lawfare Podcast: Special Edition:

Donald Trump

When Is Impeachment the Right Remedy?

There is a tendency to think of impeachable offenses as like landmines. If the president accidentally or purposefully steps on one, then it explodes and he must suffer the consequences. Constitutional lawyers might find this line of thinking particularly attractive because it would allow them to get to work on identifying a finite set of actions as high crimes and misdemeanors and to set Congress about the business of determining whether the president has actually committed such offenses.

The Russia Connection

Why It Matters If Trump Knew About Stone's Contacts with WikiLeaks

According to this prepared statement of former Trump lawyer and confidant Michael Cohen released by Politico and other news outlets, Cohen is prepared to testify before Congress today under oath that Donald Trump: “[W]as a presidential candidate who knew that Roger Stone was talking with Julian Assange

impeachment

Can the Senate Decline to Try an Impeachment Case?

Does the Senate have an obligation to conduct a trial of the president if the House impeaches him? With the increased prospects for an impeachment inquiry now that the Democrats have taken control of the House of Representatives, most discussions of impeachment have assumed that, should the House vote to impeachment, the Senate will then hold a trial. This is the logical construction of the Constitution’s provisions setting out the impeachment process: If the House impeaches, then it would follow that the Senate tries the case.

Federal Law Enforcement

The Inspector General Should Review the FBI Counterintelligence Probe into Trump

Like everyone else on Lawfare, I was struck by the recent New York Times story about the FBI opening a counterintelligence investigation into President Trump after he fired former FBI Director Jim Comey. It adds to my unease, not about President Trump but about the FBI.

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