Latest in Executive Power
On the eve of the first anniversary of the Jan. 6 insurrection, Attorney General Merrick Garland delivered a speech reviewing the Justice Department’s efforts to investigate and prosecute those responsible for the attack on the Capitol.
The White House lacks an important mechanism for accountability, documenting wrongdoing and executing corrective action. A quasi-inspector general tasked with ensuring proper function of the staff and free from interference from other senior officials could offer a solution.
It is important to U.S. democracy and President Biden’s legacy that his administration actively and openly support some of the central reforms now on the table.
Trump’s lawsuit against the Jan. 6 select committee and National Archives raises questions about executive privilege of former presidents.
There is clear bipartisan support for National Emergencies Act reform with an IEEPA exclusion.
The contempt case against Bannon is actually more complicated than it looks.
A bill before the House could give Congress what it needs in its conflicts with the executive branch while acknowledging executive branch prerogatives and broader constitutional traditions.
OSHA is expected to draw on its authority to issue an ETS for a new workplace vaccine mandate. Setting aside the political challenges associated with such a rule, OSHA faces several obstacles to construct an ETS that can withstand the scrutiny it will draw.
If the Jan. 6 Committee eliminates any potential claim of executive privilege, the challenges of prosecuting Bannon and other former executive branch officials may be facilitated.
The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations and inconsistent application.