Vaughn Index, the 12 Pages out of the 35 Pages That Together Comprise All of the Unique Messages Contained in the 17 Email Transmissions
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Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
Legal Dilemmas Facing White House Counsel in the Trump Administration: the Costs of Public Disclosure of FISA Requests
Fordham Law Review Volume 87 Issue 5 Article 6 2019 Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests Peter Margulies Roger Williams University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Peter Margulies, Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests, 87 Fordham L. Rev. 1913 (2019). Available at: https://ir.lawnet.fordham.edu/flr/vol87/iss5/6 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. LEGAL DILEMMAS FACING WHITE HOUSE COUNSEL IN THE TRUMP ADMINISTRATION: THE COSTS OF PUBLIC DISCLOSURE OF FISA REQUESTS Peter Margulies* INTRODUCTION Not every presidential administration can forge a new brand of government lawyering. Historically, government lawyering has swung between two poles: (1) dialogic lawyering, which stresses reasoned elaboration, respect for institutions, and continuity with unwritten norms embodied in past practice; and (2) insular lawyering, which entails opaque definitions, disregard of other institutions, and departures from unwritten norms.1 Because President Trump regularly signals his disdain for institutions, such as the intelligence community, and unwritten norms, such as prosecutorial independence,2 senior lawyers in the White House have added a new mode of legal representation that entails ad hoc adjustments to President Trump’s mercurial decisions and triage among the presidential decisions they will try to temper. -
Robert Bauer to Become Senior Fellow and Adjunct Professor at NYU Law, After Leaving Post As White House Counsel
Robert Bauer to become Senior Fellow and Adjunct Professor at NYU Law, after leaving post as White House Counsel Robert Bauer, who is leaving his position as White House Counsel at the end of June, will become a Senior Fellow and Adjunct Professor of Law at NYU School of Law in the fall, teaching a seminar on Law and the Electoral Process. Upon leaving the White House, Bauer will be returning to the law firm of Perkins Coie, where he had been a long-time partner before joining the Obama Administration. He will serve as general counsel to President Obama’s reelection campaign, general counsel to the Democratic National Committee, and personal lawyer to President Obama. “Bob’s going to be a very busy person,” said NYU School of Law Dean Richard Revesz. “But that’s what makes his affiliation with the Law School so exciting. Even as he teaches here, all of us at the Law School will benefit from a perspective developed over many years in the worlds of government and politics.” Bauer will also add to NYU Law’s formidable expertise in a discipline launched at the school: the Law of Democracy. The Washington Post has noted that Bauer “is one of the nation’s pre-eminent experts on election and campaign finance law,” a field in which he taught and wrote prior to joining the senior White House staff. At NYU Law, he will join a number of the leading academics in the area, including Professors Samuel Issacharoff, Burt Neuborne, and Richard Pildes. Revesz said, “We are so delighted that Bob will be joining our community and participating in the intellectual life of the School.” Bauer graduated from Harvard University and received his law degree from the University of Virginia. -
The White House Counsel's Office
THE WHITE HOUSE TRANSITION PROJECT 1997-2021 Smoothing the Peaceful Transfer of Democratic Power REPORT 2021—28 THE WHITE HOUSE COUNSEL MaryAnne Borrelli, Connecticut College Karen Hult, Virginia Polytechnic Institute Nancy Kassop, State University of New York–New Paltz Kathryn Dunn Tenpas, Brookings Institution Smoothing the Peaceful Transfer of Democratic Power WHO WE ARE & WHAT WE DO The White House Transition Project. Begun in 1998, the White House Transition Project provides information about individual offices for staff coming into the White House to help streamline the process of transition from one administration to the next. A nonpartisan, nonprofit group, the WHTP brings together political science scholars who study the presidency and White House operations to write analytical pieces on relevant topics about presidential transitions, presidential appointments, and crisis management. Since its creation, it has participated in the 2001, 2005, 2009, 2013, 2017, and now the 2021. WHTP coordinates with government agencies and other non-profit groups, e.g., the US National Archives or the Partnership for Public Service. It also consults with foreign governments and organizations interested in improving governmental transitions, worldwide. See the project at http://whitehousetransitionproject.org The White House Transition Project produces a number of materials, including: • WHITE HOUSE OFFICE ESSAYS: Based on interviews with key personnel who have borne these unique responsibilities, including former White House Chiefs of Staff; Staff Secretaries; Counsels; Press Secretaries, etc. , WHTP produces briefing books for each of the critical White House offices. These briefs compile the best practices suggested by those who have carried out the duties of these office. With the permission of the interviewees, interviews are available on the National Archives website page dedicated to this project: • *WHITE HOUSE ORGANIZATION CHARTS. -
Dod Inspector General Exposes Improper Activities to Repeal the Law Re Gays in the Military (Don’T Ask, Don’T Tell)
Center for Military Readiness — Policy Analysis — June 2011 DoD Inspector General Exposes Improper Activities to Repeal the Law re Gays in the Military (Don’t Ask, Don’t Tell) With White House “Spin” the Fix Was In — at Expense of the Troops Executive Summary: A previously-undisclosed investigation conducted by the Department of Defense Inspector General strongly suggests that the so-called Pentagon “study” of gays in the military in 2010 was a publicly-funded, pre-scripted production put on just for show. The 30-page, DoD IG report, completed on April 8, 2011, reveals improper activities and deception that misled members of Congress in order “to gain momentum in support of a legislative change during the ‘lame duck’ session of Congress following the November 2, 1010, elections.” (DoD IG Report, p. 20) In 2010 the Defense Department’s Comprehensive Review Working Group (CRWG) commissioned an official survey of over 400,000 troops and families, and conducted scores of focus groups worldwide to seek opinions on the law usually called “Don’t Ask, Don’t Tell.” Uniformed personnel who participated in good faith were led to believe that their opinions would be heard and respected. But as early as July 4, 2010, even before the official survey of troops began, CRWG Co-Chair and DoD General Counsel Jeh Johnson was seeking advice from a “former news anchor” on how to write the report’s Executive Summary more “persuasively.” The DoD IG report concluded that someone who “had a strongly emotional attachment to the issue” and “likely a pro-repeal agenda” violated security rules and leaked misleading information to the Washington Post. -
FIXING the VOTE Wendy Weiser, Michael Waldman, Myrna Pérez, Diana Kasdan CONGRESS and the CRISIS in the COURTS Alicia Bannon R
FIXING THE VOTE Wendy Weiser, Michael Waldman, Myrna Pérez, Diana Kasdan CONGRESS AND THE CRISIS IN THE COURTS Alicia Bannon REFORMS TO CURB MASS INCARCERATION Inimai Chettiar, Lauren-Brooke Eisen, Nicole Fortier NATIONAL SECURITY, LOCAL POLICE Michael Price PLUS: DEMOCRACY TODAY Bill Moyers ‘MONEYBALL’ FOR CRIMINAL JUSTICE Peter Orszag ON POLITICAL POLARIZATION Richard Pildes, Monica Youn, Robert Bauer, Benjamin Ginsberg WILL SOCIAL MEDIA CHANGE OUR POLITICS? Walter Shapiro THE LIES WE TELL ABOUT THE RIGHT TO COUNSEL Andrew Cohen AN INNOVATION MOMENT FOR CAMPAIGN REFORM Gov. Andrew Cuomo, AG Eric Schneiderman, Lawrence Norden, Rep. Chris Van Hollen, Lawrence Lessig1 The Brennan Center for Justice at NYU School of Law The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice. We work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all. The Center’s work ranges from voting rights to campaign finance reform, from racial justice in criminal law to Constitutional protection in the fight against terrorism. A singular institution — part think tank, part public interest law firm, part advocacy group, part communications hub — the Brennan Center seeks meaningful, measurable change in the systems by which our nation is governed. About Democracy & Justice: Collected Writings 2013 The material in this volume is excerpted from Brennan Center reports, policy proposals, and issue briefs. We’ve also excerpted material from public remarks, legal briefs, congressional testimony, and op-ed pieces written by Brennan Center staff in 2013. -
Washingtonian December 2007.Pdf
WASHINGTONIANDecember 2007 washingtonian.com Big Guns Washington lawyers may tend to dress alike, but they’re not all the same when dealing with problems. Here are 30 of the very best—plus 800 more who are close behind. Hang on to the list—when you really need a lawyer, you might want one of these. By Kim Isaac Eisler Some of those on our list of Washington’s legal trouble can happen to anyone— waiting room or the attorney tends to top lawyers have represented presidents. and often does without warning. Lots of ramble, it could get very expensive. Others have defended murderers and Washingtonians are arrested on criminal thieves. Some might have represented charges, from drunk driving to vehicular I have spent much of the past 20 years —or might yet represent—you. homicide. You might be called to testify writing about Washington lawyers. I have If the United States is a nation of laws, before Congress. More common is a met, spoken to, and observed thousands Washington is a city of lawyers: There letter from the IRS—or from an attorney of them. I’ve become friends with a few. are more here per capita than in any representing a departing spouse. You can This is the fifth time that The other city in the world. There are more slip and fall on an unshoveled sidewalk— Washingtonian has compiled a list of here than in many entire countries. or someone can fall on yours. top lawyers. It is created primarily by This list of top lawyers in private practice One thing you’ll discover if you need peer recommendation. -
Locating U.S. Solicitors General in the Supreme Court’S Policy Space
Locating U.S. Solicitors General in the Supreme Court’s Policy Space Thomas G. Hansford Professor of Political Science UC Merced [email protected] Sarah Depaoli Associate Professor of Quantitative Psychology UC Merced [email protected] Kayla S. Canelo Ph.D. Candidate in Political Science UC Merced [email protected] Forthcoming, Presidential Studies Quarterly A prior version of this research was presented at the 2017 Annual Meeting of the American Political Science Association, San Francisco, CA, August 31 – September 3. We thank Alicia Uribe-McGuire and the anonymous reviewers for their helpful comments. This paper is based upon work supported by the National Science Foundation under Grant No. SES-1351922. Locating U.S. Solicitors General in the Supreme Court’s Policy Space The U.S. Solicitor General (SG) is widely viewed as a particularly consequential legal and political actor and is the most direct link between the executive branch and the Court. Spatial approaches to understanding the involvement and influence of the SG at the Supreme Court make it necessary to locate the SG in the same policy space as the justices. We treat the SG’s positions advocated in her amicus curiae briefs as equivalent to votes in these cases and employ an item response model that yields facially valid estimates of the location of the SGs serving during the Eisenhower through Obama administrations. Ideal points for the justices are simultaneously estimated, meaning that we provide directly comparable ideal points for the justices and “tenth justices” in the same policy space. An examination of the location of the SGs reveals that the ideological orientation of the appointing president has a strong effect. -
Robert Bauer Is Partner at Perkins Coie. in Bob's 30 Years of Practice
Robert Bauer is Partner at Perkins Coie. In Bob's 30 years of practice, he has provided counseling and representation on matters involving regulation of political activity before the courts and administrative agencies of national party committees, candidates, political committees, individuals, federal officeholders, corporations and trade associations, and tax- exempt groups. Bob served as White House Counsel to President Obama, and returned to private practice in June 2011. In 2013, the President named Bob to be Co-Chair of the Presidential Commission on Election Administration. Bob is the author of several books: United States Federal Election Law (1982, 1984), Soft Money Hard Law: A Guide to the New Campaign Finance Law (2002) and More Soft Money Hard Law: The Second Edition of the Guide to the New Campaign Finance Law (2004) and numerous articles. He also serves on the National Advisory Board of Journal of Law and Politics. In 2000, he received the prestigious "Burton Award for Legal Achievement" for his legal writing. Bob is also the author of the weblog, www.moresoftmoneyhardlaw.com, on which he writes about campaign finance and other topics in political law. He also teaches law at the New York University School of Law, where he is a Distinguished Scholar in Residence and Senior Lecturer. Bob was General Counsel to Obama for America, the President’s campaign organization, in 2008 and 2012, and he is General Counsel to the Democratic National Committee. Bob has also served as co-counsel to the New Hampshire State Senate in the trial of Chief Justice David A. Brock (2000); general counsel to the Bill Bradley for President Committee (1999-2000); and counsel to the Democratic Leader in the trial of President William Jefferson Clinton (1999). -
Reexamining the Role of the Solicitor General in Filing Amici by RICHARD L
Former Solicitors General Kenneth Starr, 1989-1993 (left); Drew Days, 1993-1996 PATRICK GILBERT/LEGAL TIMES GILBERT/LEGAL PATRICK (center); and Walter Dellinger, 1996-1997 (below). STACEY CRAMP/LEGAL TIMES CRAMP/LEGAL STACEY JAY MALLIN/AJS JAY Amicus curiae or amicus praesidentis?* Reexamining the role of the solicitor general in filing amici by RICHARD L. PACELLE, JR. There are limits to the impact that the president and political forces have he Office of the Solicitor in influencing the amicus position adopted eral to serve as a first-line General (OSG) shares a by the solicitor general gatekeeper for the Supreme Tsymbiotic relationship Court and to say ‘no’ to many with the United States Supreme Court. The office and government officials who present plausible claims of the Court have developed “a tradition of mutual trust legal errors in the lower courts.”5 The SG also “focuses and respect.”1 As former Solicitor General Kenneth and directs the development of law,” helping the justices Starr noted, “There is a unique relationship between to impose stability on doctrine.6 The OSG appears before the two branches that is valued and treasured and is a the Court more than any other litigant, thus its attorneys factor that counsels care, caution, and effective lawyer- are quite familiar with the predilections of individual jus- ing.”2 While analysts may dispute the reasons why,3 virtu- tices and the Court. ally everyone recognizes the excellence and success of Another important function of the solicitor general is the Office of the Solicitor General.4 informational. Oral arguments and written briefs are The solicitor general’s primary responsibilities to the good places for justices to get information and signals.7 Court are to screen petitions scrupulously to keep many The Court, however, is bombarded with information. -
Trevor Morrison Arrives
2013 • A TAX HAVEN • GREAT DIVIDE • FULL SPEED AHEAD • PARTNER FOR LIFE • PORTRAIT OF A DEAN Nonprofit Org. NYU LAW US Postage PAID St. Louis, MO Office of Development and Alumni Relations Permit # 495 110 West Third Street, Second Floor New York, NY 10012–1074 THE MAGAZINE OF THE NEW YORK UNIVERSITY SCHOOL OF LAW LAW OF SCHOOL UNIVERSITY YORK NEW THE OF MAGAZINE THE The NYU Law Fund Illuminates Trevor Morrison 2013 2013 Arrives | VOLUME XXIII VOLUME The constitutional law scholar steps up as NYU Law’s 17th dean. For more information, please contact Betsy Brown at (212) 998-6701 or [email protected]. REUNION Friday & Saturday, April Please visit law.nyu.edu/alumni/reunion2014 for more information. 25–26, 2014 Re A Legacy of Learning The future of the Law School 1959 1964 1969 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004is yours2009 1959 to 1964 define. 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009Making 1959 the 1964Law School 1969 a part of your planned giving is 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984a first 1989 step 1994 in creating 1999 an academic legacy that you can be 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 1959 1964 1969 1974 truly proud of. -
Oral Argument - Justices
Oral Argument - Justices For our purposes, the number of “questions” per argument is simply the number of times a given justice’s name appears in the argument transcript in capital letters. To account for the chief justice’s administrative comments – such as his call for an advocate to begin – his tally for each case has been uniformly reduced by three “questions.” Average Number of Frequency as the Top Questioner Cases With Most Total Justice Questions Per Argument or as a Top 3 Questioner Questions Justice Average Justice Freq. Top 1 Freq. Top 3 Case Questions Kavanaugh 16.7 Kavanaugh 24% 50% Glover 217 Sotomayor 21.2 Sotomayor 15% 70% Regents 195 Breyer 19.7 Breyer 26% 57% Comcast 183 Alito 13.8 Alito 6% 30% Aurelius 176 Ginsburg 9.4 Ginsburg 2% 11% Russo 154 Thole 153 Gorsuch 14.2 Gorsuch 19% 38% Bostock 153 Roberts 12.6 Roberts 2% 19% Espinoza 147 Kagan 15.4 Kagan 11% 43% Cowpasture 145 Thomas 0 Thomas - - Most Active Arguments Frequency as the First Questioner Number of Justice Frequency Justice Argument Questions (% of Ginsburg 21/47 45% all questions) Kavanaugh Thole 48 (31%) Roberts 8/47 17% Sotomayor Atlantic Richfield 50 (40%) Sotomayor 7/47 15% Breyer Romag 50 (40%) Alito 6/47 13% Alito Kahler 34 (27%) Kavanaugh 4/46 9% Ginsburg Bostock 36 (24%) Gorsuch 1/47 2% Gorsuch Glover 43 (20%) Breyer 0/47 Roberts Glover 39 (18%) Kagan Kelly 30 (23%) Kagan 0/47 Thomas - - Thomas 0/47 *The figures on this page omit the telephonic arguments conducted in May 2020 due to the COVID-19 pandemic.