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10 Aug 2019, 4:34 am by Vishnu Kannan
And Jen Patja Howell shared an episode of the Lawfare Podcast in which Jack Goldsmith spoke with Mary Ann Glendon about the recently announced Commission on Unalienable Rights, of which Glendon is the chair: And that was the week that was. [read post]
27 Jul 2019, 4:56 am by Vishnu Kannan
On Friday, Susan Hennessey and Benjamin Wittes shared the second episode of The Report, Lawfare’s podcast series telling the story contained in Robert Mueller’s 448-page report. [read post]
9 Jul 2019, 6:00 am by Quinta Jurecic
On Lawfare, Jack Goldsmith and Josh Blackman have argued that Mueller’s application of the obstruction statutes to presidential conduct facially authorized by Article II is deeply flawed. [read post]
29 Jun 2019, 5:08 am by Hadley Baker, Vishnu Kannan
Russell Spivak and Benjamin Wittes initiated a conversation about foreign actors’ exploitation of the U.S. legal system. [read post]
8 Jun 2019, 4:47 am by Hadley Baker, Vishnu Kannan
As part of an ongoing debate about the attorney general’s declassification authority, Jack Goldsmith responded to a post by Benjamin Wittes and David Kris, arguing that there are good reasons to investigate the Trump campaign investigators and to give the attorney general limited declassification authority with respect to that investigation. [read post]
7 Jun 2019, 12:37 pm by Vishnu Kannan
Benjamin Wittes announced the publication of an audiobook edition his Mueller report reading diary. [read post]
3 Jun 2019, 2:18 pm by Vishnu Kannan
Jack Goldsmith responded to a post by Benjamin Wittes and David Kris, arguing that there are good reasons to investigate the Trump campaign investigators and to give the attorney general limited declassification authority for that investigation. [read post]
1 Jun 2019, 8:52 pm by Hadley Baker
Jack Goldsmith responded with a less alarmed view of the action. [read post]
26 May 2019, 7:48 am by Sarah Grant
Scott Anderson and Benjamin Wittes discussed the reasoning behind their third annual Freedom of Information Act lawsuit of the internal climate survey at the FBI. [read post]
26 May 2019, 7:48 am by Sarah Grant
Scott Anderson and Benjamin Wittes discussed the reasoning behind their third annual Freedom of Information Act lawsuit of the internal climate survey at the FBI. [read post]
Jack Goldsmith and others have argued that this rule should have been applied to Trump’s actions that involved uses of Article II powers. [read post]
18 May 2019, 5:16 am by Anushka Limaye
Benjamin Wittes responded to the piece, defending aspects of Mueller’s statutory interpretation. [read post]
17 May 2019, 11:41 am by Josh Blackman
On the other side, Jack Goldsmith has largely agreed with my analysis. [read post]
15 May 2019, 6:25 am by Sarah Grant
ICYMI: Yesterday on Lawfare Andrew Kent weighed in on the debate between Jack Goldsmith and Benjamin Wittes over the Mueller report’s statutory analysis on presidential obstruction of justice and explored additional Justice Department precedent that supports Mueller’s theory. [read post]
13 May 2019, 10:56 am by Jacques Singer-Emery
Benjamin Wittes replied to to Goldsmith’s piece on obstruction, and defended aspects of Mueller’s statutory interpretations. [read post]
11 May 2019, 5:36 am by Mikhaila Fogel
Jack Goldsmith defended Barr’s actions in the wake of the Mueller report. [read post]
7 May 2019, 1:48 pm by Mikhaila Fogel
(Disclosure: Protect Democracy represents Lawfare editors Benjamin Wittes, Jack Goldsmith, Scott Anderson and Susan Hennessey on a number of separate matters.) [read post]
6 May 2019, 2:22 pm by Jacques Singer-Emery
Jack Goldsmith discussed the public’s reaction to Attorney General William Barr’s handling of Special Counsel Mueller’s report, believing it to be “over the top. [read post]
29 Apr 2019, 8:21 am by Quinta Jurecic
Jack Goldsmith and John Manning have studied the “protean” nature of the clause and the many contradictory interpretations that courts have adopted; here, Mueller’s analysis has some resemblance to the understanding set out by Andrew Kent, Ethan Leib and Jed Shugerman, who argue that the Take Care Clause imposes a “duty of fidelity” on the president. [read post]