Marty Lederman

Articles by this author:

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

The Constitutional Challenge to Robert Mueller’s Appointment (Part IV):  Morrison, Edmond, and the DOJ Special Counsel Regulations

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Oct 31st, 2018

The Constitutional Challenge to Robert Mueller’s Appointment (Part III):  What Would be “Good Cause” to Remove Mueller?

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Oct 30th, 2018

The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?

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Oct 26th, 2018

The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction

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Oct 25th, 2018

Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive

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Sep 26th, 2018

Does Trump Have Legal Authority to Follow Through on John Bolton’s Threats to the Int’l Criminal Court?

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Sep 20th, 2018

Unpacking DOJ’s New Claim that DHS Can Legally Detain Migrant Children with Their Parents for Longer than Twenty Days

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Jul 6th, 2018

Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But

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Jul 2nd, 2018

Carpenter‘s Curiosities (and its Potential to Unsettle Longstanding Fourth Amendment Doctrines)

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Jun 26th, 2018

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions

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Apr 26th, 2018

Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller

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Apr 10th, 2018

How Trump Might Replace Sessions with Pruitt as Attorney General

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Mar 14th, 2018

It is up to House Intel Committee, not Trump, whether to release Democratic memo on the Page FISA application

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Feb 9th, 2018

Could Trump Have “Directed” Mueller’s Removal?

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Jan 26th, 2018

Mueller Wasn’t Appointed Pursuant to the DOJ Regs (and other assorted flaws in the Manafort suit)

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Jan 4th, 2018

Judge Chutkan’s Ruling on the Unidentified U.S. Citizen Detainee

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Dec 24th, 2017

DOJ Evades the Key Question in the Case of the Unnamed Citizen Detainee

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Nov 30th, 2017

The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody

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Nov 2nd, 2017

Don’t Believe the Hype: Trump Is Not “Decertifying” the Iran Deal

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Oct 13th, 2017

Three Quick Observations on the U.S. Citizen ISIL Detainee

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Oct 6th, 2017

Parties’ Letter Briefs on Mootness in Entry Ban Case at Supreme Court

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Oct 5th, 2017

A Scrivener’s Error That Swallows the New Entry Suspensions?

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Sep 30th, 2017

The New Entry Suspensions and Restrictions: A Synopsis (with Update on SG Letter to Court)

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Sep 24th, 2017

Reminder: The “Travel Ban” Expires This Morning (Probably Ending the Case, At Least for Now)

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Sep 24th, 2017

No, the President Cannot Strike North Korea Without Congressional Approval

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Aug 10th, 2017

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

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Aug 7th, 2017

The Important Legal Questions Regarding the Now-Shuttered “Covert” Program to Arm Syrian Rebels

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Aug 3rd, 2017

Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?

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Jul 19th, 2017

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