Marty Lederman

Executive Editor

Marty Lederman (@marty_lederman)  is a professor at the Georgetown University Law Center.  He was Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel from 2021-2023 and 2009-2010, and an Attorney Advisor in OLC from 1994-2002.

Areas of Expertise: Constitutional Law, National Security Law, Separation of Powers, War Powers, Torture, Detention, Interrogation, International Law, Treaties, Executive Branch, Surveillance

Articles by this author:

A Review of Donald Trump’s Appellate Brief, and Amicus Briefs, Concerning the Appointment of Jack Smith as Special Counsel

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Nov 4th, 2024

Toward a Fuller Understanding of the U.S. (and Israeli) Legal Objections to ICC Arrest Warrants for Netanyahu and Gallant, Part II

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Oct 15th, 2024

Toward a Fuller Understanding of U.S. Legal Objections to ICC Arrest Warrants for Netanyahu and Gallant, Part I

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Oct 7th, 2024

United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel

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Jul 24th, 2024

The Just Security Podcast: Presidential Immunity After Trump v. United States

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Jul 3rd, 2024

The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case

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Jun 24th, 2020

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

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Jun 19th, 2020

Questions for the Government in the Bolton Book TRO Hearing(s)

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Jun 18th, 2020

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

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Jun 17th, 2020

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

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Jun 9th, 2020

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

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May 29th, 2020

Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information

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May 15th, 2020

The Monsey Attack: What’s the basis for the federal charges against Grafton Thomas?

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Jan 1st, 2020

Understanding the Two Mazars Subpoena Cases Before the Supreme Court [UPDATED to reflect 11/25 stay of mandate]

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Nov 25th, 2019

Assessing the New U.S. “View” on the Legality of Israeli Settlements in the West Bank

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Nov 19th, 2019

A Program on Intelligence Operations in Liberal Democracies: Ethics, Efficacy, and Accountability

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Nov 6th, 2019

Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President

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May 15th, 2019

A Brief Aside on the Inexplicable May 2017 Rosenstein Memo About Comey

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Apr 21st, 2019

Barr’s Redaction Process, cont’d

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Apr 15th, 2019

Barr the Redactor?

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Apr 6th, 2019

The Mattis Transgender Policy Will Go Into Effect Next Friday

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Apr 1st, 2019

How not to think–and what the Mueller Report won’t tell us–about Trump’s efforts to obstruct the investigation

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Mar 24th, 2019

Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)

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Mar 18th, 2019

What Now for the Mattis Transgender Policy?

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Jan 22nd, 2019

Untangling the Issues in the “Transgender in the Military” Litigation

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Jan 7th, 2019

What’s Noticeably Missing from the Whitaker Nonrecusal Explanation

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Dec 21st, 2018

A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation

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Dec 20th, 2018

Why It Doesn’t Matter Whether It’d Be Constitutional to Indict Trump

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Dec 12th, 2018

Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General

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Nov 15th, 2018

The Constitutional Challenge to Mueller’s Appointment (Part VI): Oral Argument and Supplemental Briefing Order [UPDATED]

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Nov 9th, 2018

A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation

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Nov 8th, 2018

The Constitutional Challenge to Robert Mueller’s Appointment (Part V):  If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?

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Nov 1st, 2018

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