Homeland Security in a Time of War with Iran: My discussion with Biden Homeland Security Advisor Elizabeth Sherwood-Randall on how the U.S. government would normally prepare for domestic threats during periods of heightened risk.
open.substack.com/pub/executiv...
My assessment of the damage Trump and Hegseth are doing to the DOD legal culture.
open.substack.com/pub/executiv...
My thoughts on the Tariff Decision and the President's angry reaction, which affirmed the remarkable power of the Court.
open.substack.com/pub/executiv...
Bauer and I discuss how the judicial system this week rebuffed the Trump administration's efforts to punish the six Democrats in Congress who said that members of the military may or must resist illegal orders.
open.substack.com/pub/executiv...
My take, building on arguments by James Comey, on the extraordinary degree to which federal courts, including the Supreme Court, have successfully checked the Trump administration in the last year.
open.substack.com/pub/executiv...
Bob Bauer and I discuss the Georgia voting records search warrant and Trump’s $10 billion lawsuit against the IRS. open.substack.com/pub/executiv...
My discussion with Sai Prakash about his great (and short!) new book on the Pardon Power (www.amazon.com/Presidential...)
open.substack.com/pub/executiv...
A brief tribute to the great Edward Levi, the 71st Attorney General of the United States.
open.substack.com/pub/executiv...
Bob Bauer and I discuss the law and politics of the DOJ criminal investigation of the Fed Chair. open.substack.com/pub/executiv...
May have sent bad link earlier on my discussion with Chris Mirasola about the president's protective power and its relevance to Trump's domestic military deployments--a potentially big issue going forward. Now fixed.
www.execfunctions.org/p/the-presid...
My discussion with Chris Mirasola about the president's protective power and its relevance to Trump's domestic military deployments--a potentially big issue going forward.
www.execfunctions.org/p/the-presid...
Chris's great article on this: papers.ssrn.com/sol3/papers....
Re-upping my take from a year ago on Trump and Greenland: "Trump has a habit of making the unthinkable thinkable. But he faces complex legal and political hurdles to making the thinkable a reality."
open.substack.com/pub/executiv...
My discussion with Alan Rozenshtein on Executive Power in the Age of Artificial Intelligence: Bureaucracy and the presidential "oracle"
www.execfunctions.org/p/executive-...
A Dishonorable Strike
Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder
www.execfunctions.org/p/a-dishonor...
My discussion with David Pozen about his elucidating essay, with Jedediah Britton-Purdy, entitled: "What Are We Living Through? Three competing narratives of the second Trump administration." www.execfunctions.org/p/what-are-w...
My take on the significance of the classified OLC opinion for the Venezuela boat strikes.
www.execfunctions.org/p/the-venezu...
Bob Bauer and I discuss internal rifts at DOJ, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions.
www.execfunctions.org/p/decision-m...
First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year.
papers.ssrn.com/sol3/papers....
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
Bob Bauer and I discuss the possibility of the US joining in on Israel's strikes on Iran: legal authorities, Congress's role, and the politics. open.substack.com/pub/executiv...
My assessment of Martin v. Mott, which will be crucial in resolving the L.A. Deployment case and other more aggressive domestic military deployments. open.substack.com/pub/executiv...
California Sues USG and and the Marines Enter L.A.:
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
open.substack.com/pub/executiv...
Short, sound, and straightforward legal analysis of the National Guard in LA, by @cmirasola1. Bottom line: 10 USC 12406 is the authority to federalize national guard, but the "protective power" exercised by POTUS is Article II-based. www.lawfaremedia.org/article/the-...
