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21 Apr 2024, 2:25 pm by Steven Calabresi
I have signed an amicus brief in this case, along with former Attorneys General Ed Meese, Michael Mukasey, and Professor Gary Lawson, and with Citizens United, arguing that Special Counsel Jack Smith was unconstitutionally appointed by Attorney General Merrick Garland. [read post]
8 Apr 2024, 11:45 am
Pix Credit New York TimesIn a Press Release dated 8 April 2024, the American Law Institute had produced guidance for Insurrection Act Reform.Today, a bipartisan group led by Bob Bauer (NYU School of Law and former White House Counsel to President Obama) and Jack Goldsmith (Harvard Law School and former Assistant Attorney General in the George W. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
  Indeed, to call it a “too clever by half … cabalistic overreading” (see Michael Dorf, quoting Akhil Amar) might, if anything, give it too much credit. [read post]
6 Feb 2024, 7:20 am by Will Baude
[Note:  This is the sixth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. [read post]
6 Feb 2024, 4:54 am by Will Baude
[Note:  This is the fifth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. [read post]
5 Feb 2024, 5:05 am by Will Baude
Professor Michael McConnell appears to have been the first to make this argument, in a post on this blog shortly after we first posted our draft article on SSRN in August, 2023. [read post]
22 Jan 2024, 5:33 am by Gerard N. Magliocca
I want to flag an essay by Michael Stern pointing out two factual errors in the amicus brief filed by Attorney General Meese, Attorney General Mukasey, and Attorney General Barr. [read post]
18 Jan 2024, 11:11 pm by Josh Blackman
[About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.] [read post]
29 Dec 2023, 9:32 am by Josh Blackman
Judge Michael McConnell was kind enough to host me at his home for a lovely dinner. [read post]
11 Dec 2023, 5:55 am by George Croner
Expressed more bluntly by Jamil Jaffer and former Attorney General Michael Mukasey in The Wall Street Journal, the GSRA’s proposed restrictions on querying the Section 702 database are “nonsensical and unduly burdensome. [read post]
12 Oct 2023, 6:59 pm by Steven Calabresi
I changed my mind and concluded that Trump had a right to be on the ballot once former Attorney General Michael Mukasey pointed out in an excellent op-ed in the Wall Street Journal that Section 3 only disqualifies oath-breakers from being "a Senator or Representative in Congress or [an] elector of President and Vice President or [a holder of] any office, civil or military, under the United States," or "a member of any State legislature [or] an executive or judicial… [read post]
16 Sep 2023, 2:47 pm by Ilya Somin
However, a number of prominent commentators and legal scholars claim otherwise, including former attorney general Michael Mukasey, Josh Blackman and Seth Barrett Tillman, and—most recently – Steve Calabresi. [read post]
13 Sep 2023, 10:08 pm by Josh Blackman
On Thursday, September 7, former-federal judge, and former-Attorney General Michael Mukasey published an op-ed in the Wall Street Journal, contending that the President was not an "Officer of the United States" for purposes of Section 3. [read post]
12 Sep 2023, 7:35 pm by Josh Blackman
Last week, former Attorney General Michael Mukasey wrote an op-ed in the Wall Street Journal. [read post]
2 May 2023, 1:14 pm by Chris Williams
The post Michael Mukasey — With A Straight Face — Argues That Maintaining Friendships Is More Important Than Judicial Ethics And Not Breaking Federal Laws appeared first on Above the Law. [read post]