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17 Sep 2019, 9:37 am
Analysis As Marty Lederman and Robert Litt have pointed out, it has been the longstanding view of the Executive branch that this and similar statutes must be read to give the President the final word on whether and how classified information will be provided to the congressional intelligence committees. [read post]
22 May 2019, 3:34 pm
On May 20, as expected, the White House formally instructed former White House Counsel Don McGahn to refuse to comply with the House judiciary committee subpoena requiring his appearance and testimony. [read post]
25 Jul 2017, 6:00 am
Jack Goldsmith and Marty Lederman take the view that they “almost certainly” are. [read post]
26 Feb 2015, 7:00 am
Prepared Testimony of Robert Chesney Charles I. [read post]
22 Jun 2013, 7:02 am
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. [read post]
4 Sep 2010, 11:03 am
You are now using the new SCOTUSblog, which internally we call “SCOTUSblog 4.0. [read post]
10 Feb 2013, 2:12 pm
As David Barron and Marty Lederman have explained, the basic idea is “that the court is adjudicating a proceeding in which the target of the surveillance is the party adverse to the government, just as Article III courts resolve warrant applications proceedings in the context of conventional criminal prosecutions without occasioning constitutional concerns about the judicial power. [read post]
26 Sep 2023, 5:55 am
For the administration to claim, as Marty Lederman reports here, that IS nonetheless remains subject to the 2001 AUMF both because of this past and because IS though now independent in some fashion claims to be the “true inheritor” of “bin Laden’s legacy” (and because AQAP and other AQ associated forces have made ambiguous statements, for whatever reason, applauding IS’s claims and achievements) is just stunning from a legal perspective. [read post]
22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
8 Mar 2007, 1:25 pm
Finally, as Marty Lederman has noted - very astutely in my view - the concept of immunity (or more precisely, impunity) for the executive and its agents plays an increasingly potent role in this process. [read post]
15 Jul 2007, 11:08 pm
The Appellate Court disagreed.Compelled to be a Witness against HimselfRob Leonard notes that 30 hours of police interrogation can easily produce false confessions – in this case, one that lead to wrongful imprisonment for 22 years.The opposite of “not being compelled to be a witness against yourself” is often “interrogation” or “torture,” and Marty Lederman collects a compendium of Op-Ed pieces on… [read post]
22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
19 Jan 2013, 4:18 am
In advance of those filings, the blog will be publishing a series of posts by Marty Lederman of the Georgetown University Law Center on the Article III questions the Court has asked the parties to address in the two cases. [read post]
5 Mar 2014, 9:01 pm
This is the year of the RFRA, the Religious Freedom Restoration Act. [read post]
23 Jul 2019, 6:00 am
(Professor Marty Lederman summarizes this position in a post, aptly titled "There is no 'mandate.'") Therefore, it is completely irrelevant what Congress did with the 2017 Tax Cuts and Jobs Act (TCJA). [read post]
29 Nov 2017, 12:00 pm
PDF version A review of David Barron's Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuseter, 2016). *** Perhaps the single most important question in American constitutional law is whether the president has authority to take the nation into a foreign war without congressional approval—that is, without either a congressional authorization for the use of force or a congressional declaration of war. [read post]
1 Jul 2017, 12:00 pm
I wrote last November that the Foreign Emoluments Clause “is on its face a national security provision designed to the protect the country from officers too enmeshed with foreign interests. [read post]
8 Apr 2016, 5:36 am
Ashley Deeks, Marty Lederman, Jack Goldsmith and Daniel Bethlehem have already commented on State Department Brian Egan's speech at ASIL last week. [read post]
23 Aug 2019, 8:54 am
On Aug. 7, the House Judiciary Committee filed a lawsuit asking a federal court in D.C. to force Don McGahn, former White House counsel, to comply with the committee’s subpoena for his testimony. [read post]
