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Biden Interview Transcript Reveals Some Flaws in the Hur Report
Robert Hur’s analysis of Biden’s “I just found all the classified stuff downstairs” does not engage with Biden’s explanation of the comment. -
Keeping but Reforming Special Counsel Rules: A Reply to Jack Goldsmith
Yes, there are serious problems with the special counsel rules, but it is worth trying to fix them. -
For Government Use of AI, What Gets Measured Gets Managed
The immaturity of the AI measurement and evaluation ecosystem is a significant roadblock to the implementation of the Biden administration’s AI procurement priorities. -
The Lawfare Podcast: What Should We Do About Special Counsels?
Discussing the special counsel regulations and how it could change -
The “Continue Withholding” Directive in Trump v. United States
The Supreme Court’s order to stop lower court proceedings in Trump v. U.S. raises many questions about the arcane workings of the Court’s emergency docket. -
What Congress Has Done—and What It Still Needs to Do—to Protect NATO
Congress has barred the president from exiting NATO unilaterally. But someone still needs to enforce it. -
Judge Cannon’s Thursday Hearing on Two Trump Motions to Dismiss
Is the Espionage Act unconstitutionally vague as applied to Trump, and was it repealed as to presidents by the Presidential Records Act? -
Moving Beyond Absolutes on Presidential Immunity
Presidents are sometimes immune from criminal prosecution, but only in limited circumstances. Trump’s case doesn’t come close. -
Law and Politics in the Quest for an Independent Department of Justice
A review of Geoffrey Berman, “Holding the Line: Inside the Nation's Preeminent US Attorney's Office and Its Battle with the Trump Justice Department” (Penguin Press, 2022) -
Can Congress Disqualify Trump After the Supreme Court’s Section 3 Ruling?
The dueling opinions for the 9-0 decision support two opposing interpretations on this crucial question. -
The Lawfare Podcast: Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data
What is in the new executive order on bulk purchases on personal data? -
What the Press Got Wrong on the Hur Report
The journalistic focus on Biden’s age has distracted from more serious coverage.