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24 Aug 2019, 3:19 pm by Hilary Hurd
Strawbridge argues that the language of the act and its Congressional history led to the “inescapable conclusion” that it’s not limited to the executive branch alone, but also applies to Congress. [read post]
18 Jun 2020, 5:12 pm by Jack Goldsmith, Marty Lederman
 They include: Several years ago, Lamberth declared at a conference of federal employees that federal courts are “far too deferential” to the executive branch’s claims that certain information must be classified on national security grounds and shouldn’t be released to the public. [read post]
Its significance, rather, lies in the hearings’ initiating of the long-belated creation of an Article I record of the president’s conduct—a shifting of the investigative locus from the executive branch to the legislative branch. [read post]
13 Jun 2009, 2:42 pm
Now, just this past Thursday, a different branch of the Justice Department, the Civil Division, has filed a motion and brief with the U.S. [read post]
24 May 2021, 5:49 pm by Allan Blutstein
None of the national events you cite, Kevin, were unconnected to FOIA; records indicating how the Executive Branch handled or reacted to them unquestionably remained of interest. [read post]
4 Apr 2019, 1:27 am
Mr Duterte is not an ordinary citizen, he has the highest seat in the executive branch. [read post]
10 Feb 2013, 6:08 pm by Angelo A. Paparelli
 Instead he was commenting on the Allies' post-World War II plans for world governance when, in the summer of 1942 with the war yet unwon, he said: I hope these speculative studies will be entrusted mainly to those on whose hands time hangs heavy, and that we shall not overlook Mrs. [read post]
28 Feb 2019, 9:49 am by Eugene Volokh
Courts have experimented with "endorsement" for thirty years, and it is now clear that the test this most resembles is Mr. [read post]
2 Oct 2014, 9:16 pm
Justice Rothstein dissented, and would have upheld the constitutionality of the fees.The Supreme Court of Canada restored Mr. [read post]
12 Mar 2018, 4:00 am by Bob Bauer
Executive branch lawyers can do their work only if certain bedrock conditions are met. [read post]
10 Nov 2017, 1:44 pm by Susan Hennessey, Benjamin Wittes
§ 219, goes one important step further [than the rest of FARA], making it a crime for any individual who is an “officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function,” to be or to act as an agent of a foreign principal under FARA. [read post]
11 Apr 2017, 10:51 am by Jordan Brunner
ICYMI: Yesterday, on Lawfare Daphna Renan flagged her recent paper on structures of executive branch legal review at work in the presidential decision-making process. [read post]
9 Feb 2016, 3:06 pm by Shahid Buttar
" Reflecting on these incidents just a few months ago, the New York Times editorial board correctly suggested that "It is hard to believe anything Mr. [read post]
28 Jul 2015, 10:57 am by Tara Hofbauer
“Russia has proved one of Syria’s staunchest allies and its military and political backing has been indispensable in keeping Mr. [read post]