Seth Barrett Tillman[*] [This essay is available in PDF at this link] In their Lawfare post,[1] Professor Jack Goldsmith and Ben Miller-Gootnick put forward the traditional argument that legislative-officer succession, as permitted by the Presidential Succession Act of 1947 (1947 Act),[2] leads to undesirable and destabilizing changes in party control. Quoting a report of the […]
Volume 11, Issue 2 (Winter): Student Articles Edition
First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers by Mailyn Fidler Public accountability defenses for whistleblowers who reveal national security information to the media or the public have largely failed. Courts have rejected such arguments and Congress has not provided a statutory defense. This Article argues that the appropriate place to consider […]
Defense and Deference: Empirically Assessing Judicial Review of Freedom of Information Act’s National Security Exemption
Paulina Perlin[*] [Full text of this Article in PDF is available at this link] Introduction In 1981, the Washington Post submitted a request to the Department of Defense under the Freedom of Information Act (“FOIA”)[1] for “information concerning the failed attempt in April, 1980, to rescue American hostages held in the United States embassy in Teheran.”[2] […]
First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers
Mailyn Fidler[*] [Full text of this Article in PDF is available at this link] Introduction In October 2018, the federal district court in Minnesota sentenced former Federal Bureau of Investigation (“FBI”) agent Terry James Albury to four years in prison under the Espionage Act for disclosing internal FBI documents to the press.[1] Albury pleaded guilty […]
Yes, Trump’s Shakedown of Ukraine Was Impeachable “Bribery”
A Government Lawyer[*] [This essay is available in PDF at this link] Introduction About two weeks before the U.S. House of Representatives impeached President Trump, Professor Josh Blackman and Seth Barrett Tillman published an article on Lawfare. In it, they argue that Trump’s withholding from Ukraine of military aid and a White House meeting, meant […]
Complex Determinations: Deciphering Enemy Nuclear Intentions
Louis René Beres[*] [This essay is available in PDF at this link] Introduction In early May 2019, U.S. President Donald Trump—responding to Kim Jung-un’s latest round of missile tests—sought to reassure the American public. His seat-of-the-pants comments, however, were based entirely upon the presumed importance of his personal relationship with Kim Jung-un and had nothing […]