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19 Mar 2020, 2:06 pm by Jen Patja Howell
For this bonus edition, Benjamin Wittes got on the phone with Steve Vladeck to work through these questions and talk about all things presidential emergency powers. [read post]
17 Mar 2020, 11:30 am by Elliot Setzer
ICYMI: Yesterday on Lawfare Benjamin Wittes argued that Trump made a fool of his attorney general with a tweet that caused FISA authorities to expire. [read post]
14 Mar 2020, 8:02 am by Elliot Setzer
As the world grappled with how to respond to the coronavirus pandemic, Margaret Taylor and Benjamin Wittes argued there was no good reason to keep the Capitol open to the public. [read post]
14 Mar 2020, 6:30 am by Jen Patja Howell
He joined Benjamin Wittes in the virtual Jungle Studio to talk about the role of coercion in managing these crises, how the U.S. government has performed (and not performed), and what we should be doing differently to get the corona crisis under control. [read post]
11 Mar 2020, 10:23 am by Elliot Setzer
Margaret Taylor and Benjamin Wittes argued there is no good reason why the Capitol is still open to the public. [read post]
10 Mar 2020, 5:36 pm by Jen Patja Howell
Benjamin Wittes spoke with Margaret Taylor, Lawfare's congressional guru, about what legislation Congress has passed, what legislation Congress and the Trump administration are considering in relation to the virus, and how Congress has responded institutionally. [read post]
7 Mar 2020, 6:13 am by John Floyd
  Despite the belief shared by many prominent legal scholars, like Benjamin Wittes (the editor-in-chief of Lawfare) that the President is indeed the nation’s chief law enforcement officer, this does not mean that Trump can force Attorney General Barr to act in the Roger Stone (or any other case) as the president wishes. [read post]
4 Mar 2020, 4:26 pm by Jen Patja Howell
To discuss it all, Benjamin Wittes spoke with Jonathan David Shaub, Lawfare contributor and incoming faculty at the University of Kentucky Law School, and Lawfare senior editors Margaret Taylor and Scott R. [read post]
1 Mar 2020, 6:03 am by Elliot Setzer
Chesney and Vladeck shared an episode of the National Security Law Podcast, discussing the legal rationale for the Soleimani strike, the pardon power and judicial clerkships: Baker shared an episode of the Cyberlaw Podcast discussing an encryption story from 1995, the indictments in the Equifax breach and Section 230: And Benjamin Wittes and Jacob Schulz posted an analysis of the strange pattern of responses to the @benjaminwittes Twitter feed. [read post]
28 Feb 2020, 12:28 pm by Benjamin Wittes, Jacob Schulz
(This story, for reasons that will become clear, needs to be told in my voice—that of Benjamin Wittes—but much of the analysis below was conducted by Jacob Schulz; hence the joint byline combined, somewhat awkwardly, with an article written in the first person singular. [read post]
25 Feb 2020, 10:10 am by Elizabeth McElvein
As Benjamin Wittes has observed: President Trump and many of his defenders took the report as validating their claims that the FBI leadership had been engaged in a politically motivated, treasonous coup attempt against the president—though the report concludes quite explicitly that nothing of the kind occurred. [read post]
22 Feb 2020, 8:23 am by Elliot Setzer
Charlotte Butash and Benjamin Wittes argued that Attorney General William Barr’s decision to overturn the Justice Department's sentencing recommendation in the case of Roger Stone is a gift to criminal defendants everywhere. [read post]
22 Feb 2020, 6:30 am by Jen Patja Howell
Benjamin Wittes joined Lisa (in the Jungle Studio) and Sophia (remotely from Beijing) on Thursday to talk about how the Chinese government has responded, how the Trump administration has responded, and how much worse this is likely to get before it ebbs. [read post]
19 Feb 2020, 6:04 pm by Jen Patja Howell
Benjamin Wittes spoke with Jessica recently about the book, the controversy, and her general approach to talking to evil men. [read post]
19 Feb 2020, 9:25 am by Elliot Setzer
” Charlotte Butash and Benjamin Wittes argued that Bill Barr’s decision to overturn sentencing guidelines in the case of Roger Stone is a gift to criminal defendants everywhere. [read post]
15 Feb 2020, 11:01 am by Hadley Baker, Elliot Setzer
Mikhaila Fogel, Susan Hennessey, Quinta Jurecic and Benjamin Wittes argued that the Justice Department's handling of the sentencing of Trump associates Roger Stone and Michael Flynn gives reason to worry about how Attorney General Barr will handle allegations against the Biden family. [read post]
13 Feb 2020, 8:03 am by Hadley Baker, Elliot Setzer
ICYMI: Yesterday on Lawfare Jen Patja Howell shared the most recent episode of Rational Security, in which Shane Harris, Susan Hennessey, Quinta Jurecic and Benjamin Wittes discuss the Roger Stone case and the White House purge of officials who testified in Trump’s impeachment trial. [read post]
12 Feb 2020, 7:46 am by Hadley Baker, Elliot Setzer
ICYMI: Yesterday on Lawfare Mikhaila Fogel, Susan Hennessey, Quinta Jurecic and Benjamin Wittes argued that the Justice Department’s handling of the sentencing of Roger Stone and Michael Flynn gives reason to worry about how Attorney General Barr will handle allegations against the Biden family. [read post]
11 Feb 2020, 4:13 pm by Jen Patja Howell
Benjamin Wittes spoke with Ostovar about the fallout from the Soleimani killing, how it is all playing in Iran, and why things are so quiet. [read post]
8 Feb 2020, 9:44 am by Elliot Setzer
Benjamin Wittes criticized the Senate’s decision to move to a verdict in the trial of the president without calling witnesses. [read post]