Executive Branch
Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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The Special Counsel Regulations Strike Again
The regulations are flawed, and pouring sensitive investigative impressions into the public domain is almost always a bad idea. -
Biden Administration Issues New Arms Transfer Memorandum
The new policy requires written assurances from foreign governments before receiving arms that they will not commit human rights abuses with U.S. weapons. -
Special Counsel Hur Declines to Seek Criminal Charges Against Biden
Despite uncovering evidence that Biden “willfully retained and disclosed classified materials,” Hur did not conclude it “established Biden’s guilt beyond a reasonable doubt.” -
Breaking Down the Amicus Briefs in Trump v. Anderson
A guide to where each of the amici land on core Section 3 interpretation questions, if their brief addressed it explicitly -
Not So Immune: The D.C. Circuit’s Forceful Rejection of Trump’s Claim of Absolute Presidential Immunity
The long-awaited opinion is unanimous, narrowly tailored, and very well could be the last word. -
If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd
If the Court won’t impose Section 3 restrictions in favor of “letting the voters decide,” will they let a presidential candidate vie for a third term? -
D.C. Circuit Rules Trump is Not Immune from Prosecution
The court ruled that Trump—and any other former president—can be prosecuted for alleged crimes they committed while in office. -
White House Submits 48-Hour War Powers Resolution Report Following Response to Jordan Attack
This latest letter cites the president’s constitutional authority in addition to the 2001 and 2002 AUMFs, continuing a recent reporting trend. -
First Amendment Disequilibrium: Can Modernizing Outdated First Amendment Doctrines Enhance Democracy?
New legal protections are needed to empower the media to play its vital role in informing citizens about their government. -
Biden Administration Issues Executive Order on West Bank Instability
The order cites “intolerable levels” of violence in the West Bank by Israeli settlers as threatening U.S. interests in the region. -
Livestream: Lloyd Austin to Hold Press Briefing
Secretary of Defense Lloyd Austin will hold a televised press briefing on an unspecified matter. -
The Lawfare Podcast: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt Gluck
How is the Biden administration legally justifying its air strikes against Houthi rebels in Yemen?
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