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19 May 2022, 10:40 am by Katherine Pompilio
  ICYMI: Yesterday on Lawfare Jen Patja Howell shared an episode of the Lawfare Podcast that featured a conversation between Quinta Jurecic, Roger Parloff and Jonathan David Shaub about the contempt prosecution of Steve Bannon. [read post]
23 Sep 2022, 2:32 pm by Hyemin Han
Jonathan Shaub discusses how previously disclosed Office of Legal Counsel (OLC) memoranda cover the scope and nature of executive privilege as well as the question of how constitutional disagreement between Congress and the executive branch about privilege can and should be resolved. [read post]
2 Nov 2019, 6:21 am by Gordon Ahl
Jonathan Shaub proposed an understanding of executive privilege that, he argues, aligns more with historical precedent and constitutional principles than does much contemporary discussion of the subject. [read post]
26 May 2019, 7:48 am by Sarah Grant
Jonathan Shaub discussed the White House’s directive not to comply with the subpoena, exploring the concepts of testimonial immunity, executive privilege, and the president’s authority over former officials. [read post]
21 Oct 2022, 1:48 pm by William Appleton
  Bobby Chesney and Steve Vladeck sat down to discuss ongoing Mar-a-Lago document litigation, the House select committee’s subpoena of former President Donald Trump, the Biden Administration’s executive order on handling EU citizen data in the context of American intelligence gathering, and more: Jurecic sat down with Molly Reynolds, Jonathan Shaub, and Wittes to discuss historical precedents for current and former presidents testifying before Congress and debated… [read post]
5 Sep 2020, 7:34 am by Anna Salvatore, Tia Sewell
Jonathan Shaub criticized the McGahn decision and argued that the court ignored the history of oversight and need for judicial review in its ruling. [read post]
8 Oct 2021, 7:38 am by Quinta Jurecic, Molly E. Reynolds
As Jonathan David Shaub explains in Lawfare, the Supreme Court’s ruling in Nixon v. [read post]
9 May 2019, 3:19 pm by Margaret Taylor
The last few days have seen a whiplash-worthy series of actions between Congress and the executive branch, with battles over subpoenas, threats of contempt and even cries of constitutional crisis. [read post]
23 Sep 2019, 11:27 am by Margaret Taylor
Lawfare contributor Jonathan Shaub has written extensively, here, here and here, on how prior administrations have framed and applied the theory of testimonial immunity. [read post]
27 Apr 2019, 7:00 am by John E. Bies
As Jonathan David Shaub ably explains, when taken in isolation, each response is accompanied by particularized constitutional justifications, and claim to respond to unusual positions taken by congressional committees as well. [read post]
12 Dec 2006, 4:02 am
., a partner at Shaub, Ahmuty, Citrin & Spratt, write that appellate courts do not look kindly on cases involving violations of the basic rule that new facts may not be injected at the appellate level, yet such cases appear in the advance sheets and reporters with surprising regularity.   PerspectiveWednesday, December 6, 2006By Jonathan LippmanJonathan Lippman, a Supreme Court justice and the chief administrative judge of the New York courts, writes: There is a… [read post]
31 Dec 2023, 5:12 am by Just Security
The Hatch Act Bars Meadows’ Removal Bid by Walter Shaub, Norman L. [read post]
17 May 2021, 10:27 am by Quinta Jurecic, Benjamin Wittes
Trump may have been unusually hostile in his attitude toward congressional oversight, but as Jonathan Shaub has written, the executive’s expansive view of testimonial immunity has developed over the past several administrations, both Republican and Democratic. [read post]
29 May 2021, 6:41 am by Matt Gluck
Jonathan Shaub argued that the agreement is a considerable institutional defeat for Congress and that it advances a sweeping view of executive privilege. [read post]
17 May 2022, 9:47 am by William Ford
In 1908, when Woodrow Wilson made the case for the vigorous exercise of presidential authority to lead the nation in “times of stress and change,” he sought to calm fears that doing so would upset the Constitution’s careful balancing of power between the president and Congress. [read post]
The Justice Department has now filed a notice of appeal and a motion to partially stay U.S. [read post]
13 Apr 2022, 7:48 am by Albert W. Alschuler
(A delay of only three weeks before seeking the indictment of Steve Bannon prompted “widespread exasperation” with the department, prompting Jonathan Shaub and Benjamin Wittes to discuss possible reasons for the delay in this Lawfare post.) [read post]
20 Jul 2022, 12:00 pm by Benjamin Wittes
Editor’s Note: The following article should be read in conversation with “​​Is the Justice Department Meeting the Moment? [read post]
2 Aug 2021, 11:02 am by Ajay Sarma, Christiana Wayne
The committee will hear the testimony of Kate Shaw, professor at Yeshiva University; Jonathan Shaub, professor at the University of Kentucky; Mark Rozell, dean of the Schar School of Policy and Government at George Mason University; and Jennifer Mascott, professor at the Antonin Scalia Law School at George Mason University. [read post]