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9 Dec 2019, 9:16 am
Describing what a Senate impeachment trial of President Trump may look like, Hilary Hurd and Benjamin Wittes quote Rule 23 of the “Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials” for the proposition that if the president is convicted upon any article by a two-thirds vote of the members present, the “Senate shall proceed to the consideration of such other matters as may be determined to be appropriate,” in other words, his… [read post]
7 Dec 2019, 6:00 am
With a focus deeper into the future, Hilary Hurd and Benjamin Wittes imagined how the rules would function in a Senate trial of the president. [read post]
6 Dec 2019, 12:03 pm
Anderson joined Benjamin Wittes in the Jungle Studio to talk about the Schiff report, the Nunes/Jordan pre-rebuttal report, the House Judiciary Committee hearing Wednesday with a bunch of law professors, and Nancy Pelosi's message on Thursday afternoon that impeachment was going forward. [read post]
6 Dec 2019, 9:43 am
Benjamin Wittes drew a similar conclusion. [read post]
4 Dec 2019, 9:00 am
In response to Goldsmith, Benjamin Wittes argued first that Goldsmith’s argument would lead to an absurd conclusion: If the clear statement rule applied to the perjury statute, which also doesn’t by its terms apply to the president, the president could lie to a grand jury, which would have “come as a surprise to Bill Clinton. [read post]
4 Dec 2019, 8:59 am
ICYMI: Yesterday on Lawfare Jen Patja Howell shared the latest episode of The Lawfare Podcast, in which Benjamin Wittes sat down with Senator Tim Kaine (D. [read post]
3 Dec 2019, 2:49 pm
Benjamin Wittes sat down with Senator Kaine in the Senate Russell Office Building to talk about all things war powers. [read post]
3 Dec 2019, 11:53 am
ICYMI: Yesterday on Lawfare Hilary Hurd and Benjamin Wittes considered what a Senate impeachment trial of President Trump would look like under the specified rules of procedure. [read post]
2 Dec 2019, 9:01 pm
”As to the first of these elements—that of intent—Benjamin Wittes of the Lawfare blog and others assert that soliciting “investigations of political foes for personal political gain is prototypically corrupt. [read post]
30 Nov 2019, 6:11 am
Scott Anderson, Margaret Taylor and Benjamin Wittes wrote a Starr Report-style record of the known facts so far in L’Affaire Ukrainienne. [read post]
25 Nov 2019, 1:07 pm
Lawfare was founded in 2010 by Benjamin Wittes, Jack Goldsmith, and Bobby Chesney. [read post]
25 Nov 2019, 11:07 am
ICYMI: Last Weekend on Lawfare Jen Patja Howell shared the latest episode of The Lawfare Podcast, in which Benjamin Wittes sat down with several Brookings and Lawfare experts to talk about last week’s impeachment hearings. [read post]
23 Nov 2019, 6:30 am
Benjamin Wittes sat down with Scott R. [read post]
23 Nov 2019, 4:28 am
Ben Wittes commented on one particular exchange between Amb. [read post]
22 Nov 2019, 2:05 pm
I hope the following links, excerpts, comments, and reflections (in no particular order) will prove of interest for one reason or another to our readers. [read post]
22 Nov 2019, 8:56 am
Jen Patja Howell shared this week’s episode of Rational Security, which features Margaret Taylor, Benjamin Wittes, Susan Hennessey and Shane Harris in conversation about the impeachment hearings and the indictment of Israeli Prime Minister Benjamin Netanyahu. [read post]
21 Nov 2019, 11:18 am
Benjamin Wittes commented on an exchange between Chairman Adam Schiff and Amb. [read post]
20 Nov 2019, 7:14 am
ICYMI: Yesterday on Lawfare Jen Patja Howell shared an episode of The Lawfare Podcast, in which Benjamin Wittes joined Sen. [read post]
19 Nov 2019, 4:18 pm
On Monday, Benjamin Wittes moderated a discussion with Senator Mark Warner and Representative Jim Himes at NYU Law School as part of the "Catching the Cybercriminal: Reforming Global Law Enforcement" conference sponsored by the Center for Cybersecurity at NYU, the Journal of National Security Law and Policy, and Third Way. [read post]
18 Nov 2019, 12:12 pm
Last month, we and another colleague at Protect Democracy argued that the meaning of “bribery” as the term is used in the Constitution goes beyond the criminal offense of bribery as defined in the U.S. [read post]
