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14 Jan 2019, 3:08 pm
As I have noted in a prior post, 2018 was a very eventful year in the world of directors and officers liability. [read post]
14 Jan 2019, 2:26 pm
The controversy about Barr does not concern his qualifications to be attorney general; it’s hard to imagine better qualifications than having already served as attorney general, along with having served as deputy attorney general and having run the department’s Office of Legal Counsel. [read post]
14 Jan 2019, 11:58 am
It is sometimes nonchalantly said that someone other than the president—usually the attorney general—is the “chief law enforcement officer” of the United States; that is a position that is hard to maintain in light of the Constitution’s command in Article II, Section 3 that the president “shall take Care that the Laws be faithfully executed. [read post]
14 Jan 2019, 10:45 am
Such beliefs are in keeping with his sweeping views of executive power. [read post]
14 Jan 2019, 9:09 am
As law professor Steve Vladeck explained in November, Michaels later filed a motion seeking to have deputy attorney general Rod Rosenstein, rather than Matthew Whitaker, whom the president has named as the acting attorney general, substituted for Sessions, on the ground that the federal law governing vacancies in the executive branch does not trump another law outlining the order of succession for officials in the Department of Justice. [read post]
14 Jan 2019, 3:52 am
The 1976 act required the President to cite which “statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. [read post]
13 Jan 2019, 6:16 am
” Moreover, the president has plenary control within the executive branch of the intelligence power and classified information, which is defined, by the president, in terms of harm to national security. [read post]
12 Jan 2019, 3:24 pm
One definition I find useful is that used in Executive Order No. 12333, as amended, which is the principal executive order governing the activities of the U.S. intelligence community. [read post]
12 Jan 2019, 4:52 am
Wittes posed the following question to Lawfare’s readers: what if the president’s obstruction was the collusion? [read post]
11 Jan 2019, 5:43 pm
With the partial exception of the Paul Manafort cluster of cases, which were—in any event—the subject of an additional, clarifying referral letter to Mueller and appear to have resulted from a preexisting U.S. attorney’s office invest [read post]
11 Jan 2019, 1:30 pm
He also critiques Barr’s analysis, more broadly, for its sweeping views of the president’s constitutional role and prerogatives, including the notion that the president has “absolute” and “all-encompassing” constitutional authority over actions by executive branch officers in carrying out law enforcement powers given to them by Congress, including decisions about criminal investigation and prosecution. [read post]
11 Jan 2019, 1:12 pm
The Brazilian National Data Protection Authority The ANPD is part of the federal government and linked to the office of the President of Brazil. [read post]
11 Jan 2019, 12:52 pm
Serves as presenting officer in persons at risk cases. [read post]
11 Jan 2019, 8:16 am
The World Bank Office of Suspension and Debarment published a new report. [read post]
11 Jan 2019, 8:16 am
The World Bank Office of Suspension and Debarment published a new report. [read post]
11 Jan 2019, 5:06 am
As more facts were uncovered in summer 1974, congressional Republicans began to signal their willingness to go against their own party and vote to remove President Nixon from office. [read post]
10 Jan 2019, 10:00 pm
Thus far, the USPTO closed only on December 24, 2018 (Christmas Eve), as a result of an executive order issued by President Trump. [read post]
10 Jan 2019, 9:01 pm
Some call its approach unethical, saying the company profits off stoking fear of Donald Trump and making the sort of exaggerated claims they associate with the president. [read post]
10 Jan 2019, 7:16 pm
In the Washington Post today, former Office of Legal Counsel attorney Erica Newland writes that after almost two years she could no longer abide the fudging and covering she and her OLC colleagues were expected to do in order to give the president's Executive Orders a veneer of proper purpose. [read post]
10 Jan 2019, 5:09 pm
Drawing on a review of all friendly settlements executed before the Inter-American Commission on Human Rights, as well as interviews with Commission personnel (including two of its former presidents), state officials from six Latin American countries, members of non-governmental organizations, and petitioners, this Article comprehensively analyzes the general practice of settling human rights disputes. [read post]
