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Analysis and Commentary

The Watergate Road Map: What It Says And What It Suggests For Mueller

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Wednesday, October 31, 2018

In neat script near the top of the document, someone has written, “Filed under seal, March 1, 1974.” Above that, red typed letters read, “Unsealed October 11, 2018 by Chief Judge Beryl A. Howell, United States District Court for the District of Columbia, Order No. 11-mc-44 (BAH).

Analysis and Commentary

Jaworski Road Map To Be Mostly Unsealed

by Stephen Bates, Jack Goldsmith, Benjamin Wittesvia Lawfare
Monday, October 15, 2018

One month ago, the three of us filed a petition in the U.S. District Court for the District of Columbia for the release of the so-called “Watergate Road Map”—one of the last great still-secret Watergate documents. Last week, Chief Judge Beryl Howell, acting in a separate case, ordered the document’s release. The move, as Josh Gerstein notes in this Politico story, appears to have been prompted by our petition, on which we have been represented by the folks at Protect Democracy. 

The future of the GOP with Richard Nixon
Featured

The Watergate ‘Road Map’ And The Coming Mueller Report

by Stephen Bates, Jack Goldsmith, Benjamin Wittesvia Lawfare
Friday, September 14, 2018

According to countless media accounts and President Trump’s own lawyers, Special Counsel Robert Mueller is writing some kind of report on allegations of presidential obstruction of justice. Exactly what sort of report this may be is unclear. But to the extent that Mueller is contemplating a referral to Congress of possible impeachment material, he has two historical models of such documents to draw on.

Analysis and Commentary

Power And Integrity At The FBI: Chris Wray Stands Up To The President And The Attorney General

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Monday, January 22, 2018

Jonathan Swan of Axios reported Monday night, based on “three sources with direct knowledge,” that FBI Director Chris Wray “threatened to resign” if FBI Deputy Director Andrew McCabe “was removed” from office. The threat apparently came in response to pressure on Wray by “Attorney General Jeff Sessions—at the public urging of President Donald Trump” to fire McCabe.

To Understand Russian Election Interference, Start with This Movie About Doping

by Benjamin Wittes
Wednesday, August 9, 2017

In 2014, an amateur cyclist named Bryan Fogel had an eccentric idea for a film: He had just participated in a prestigious and grueling alpine stage race called the Haute Route in the Alps and had finished in 14th place. He decided to spend the next year not just training, but also doping. He meant to come back and run the race again the following year. He meant to not get caught for the doping. He expected the doping would vault him into the group of elite leaders who had finished above him.

In the News

Announcing A New Partnership With Foreign Policy

by Benjamin Wittes, Susan Hennesseyvia Lawfare
Thursday, July 6, 2017

We are excited to announce a new partnership between Lawfare and Foreign Policy magazine. 

Russian Presidential Press Office
Analysis and Commentary

Rational Security: The "Guns And Smoke" Edition

by Benjamin Wittesvia Lawfare
Thursday, July 6, 2017

The first signs of potential collusion between the Trump campaign and Russia emerge. State Department employees say they’re uncertain about the future of their work under the Trump administration. And the president is facing a crisis in North Korea as he prepares to meet with world leaders, including Vladimir Putin. 

If Donald Trump Is A Crook, What Kind Is He?

by Susan Hennessey, Benjamin Wittes
Thursday, July 6, 2017

[Subscription Required] Conservatives are right that collusion with foreign spies isn’t necessarily a crime. But prosecutors have plenty of other options.

In Praise Of The Intelligence Oversight Process: Our New Anti-Populist Paper

by Jonathan Rauch, Benjamin Wittes
Wednesday, June 28, 2017

Years ago, when Lawfare was still in its infancy, the two of us made an entirely serious video (well, maybe not entirely serious) for YouTube about the emergent problem of abusive internet comments. Entitled "Comment or Vote," it proposed a constitutional amendment to deprive of the franchise anyone who left a comment on any website. 

Analysis and Commentary

If Rod Rosenstein Recuses: What Happens Next?

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Friday, June 16, 2017

ABC News is reporting that Deputy Attorney General Rod Rosenstein “has privately acknowledged to colleagues that he may have to recuse himself from” his role as Acting Attorney General for the Department’s Russia Investigation. (Recall that Rosenstein assumed that role when Attorney General Sessions recused himself earlier.)

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