Essays and Commentary

Can Congress Do Anything about Trump’s Abuse of the Pardon Power?, Lawfare, July 24, 2020

The 2020 Presidential Candidates Stay (Mostly) Quiet on Law Enforcement Independence, Lawfare, Feb. 19, 2020 (with Quinta Jurecic)

Defending Mueller’s Constitutional Analysis on Obstruction and Faithful Execution, Lawfare, May 20, 2019 (with Justin Florence and Ben Berwick)

More Justice Department Precedent in Support of Mueller’s Obstruction Theory, Lawfare, May 14, 2019

Faithful Execution of the Office and Laws: New Research on the Original Meaning of Article II, Lawfare, Oct. 10, 2018

Don’t Forget Congress When Assigning Blame: Thoughts on Trump v. Hawaii, Harvard Law Review Blog, June 27, 2018

Self-Pardons, Constitutional History, and Article II (with Ethan Leib and Jed Shugerman), Take Care, June 16, 2018

Law Professor Letter on President’s Article II Powers (with co-authors), June 4, 2018

FBI Independence: Some Thoughts in Response to Robert Litt, Lawfare, July 18, 2017

Congress Should Reconsider Giving the FBI Director Independence from Presidential Control, Lawfare, July 14, 2017

What Happened in Hernandez v. Mesa?, Lawfare, June 27, 2017

Legal Ethics Questions for Trump's Personal Lawyer, Lawfare, June 12, 2017

The Most Troubling Part of James Comey's Testimony, Fortune, June 8, 2017

Ex parte Milligan and the Fourth Circuit's Travel Ban Decision, Lawfare, May 30, 2017

The Scope of the Mueller Probe: Will the Public Learn What Was Uncovered?, Lawfare, May 21, 2017

Why Did Congress Set a Ten-Year Term for the FBI Director?, Lawfare, May 17, 2017 (with Susan Hennessey and Matthew Kahn)

James Comey's Firing Just Got More Disturbing, Fortune, May 10, 2017

Extraterritorial Constitutional Rights: How Does Originalism Answer the Question in Hernandez v. Mesa?, Part II, The Originalism Blog, Apr. 25, 2017

Extraterritorial Constitutional Rights: How Does Originalism Answer the Question in Hernandez v. Mesa?, Part I, The Originalism Blog, Apr. 24, 2017

An Addendum on the Constitutionality of Presidential War Powers, Lawfare, Apr. 7, 2017

What Lies Behind Flynn's Public Request for Immunity?, Lawfare, Apr. 1, 2017

What is a Civil War? (book review), Lawfare, Mar. 28, 2017

The Michael Flynn Scandal Just Got a Lot Worse, Fortune, Mar. 27, 2017

How Will We Know if the Russia-Trump Investigations by Congress and the FBI Are Credible?, Lawfare, Feb. 27, 2017

Michael Flynn’s Resignation Is Just the Start of Trump’s Legal Drama With Russia, Fortune (Feb. 17, 2017)

Can Department Heads Refuse White House Orders?, Lawfare (Feb. 7, 2017)

The Lower Federal Courts and Nationwide Injunctions, Lawfare (Feb. 3, 2017)

Response to Steve Vladeck on the Hernandez Briefing, Lawfare (Jan. 2, 2017)

Thoughts on the Briefing to Date in Hernandez v. Mesa—The Cross-border Shooting Case, Lawfare (Dec. 27, 2016)

The Search for Authorization: Three Eras of the President’s National Security Power, Lawfare (Oct. 19, 2016)

Disappearing “Legal Black Holes,” Lawfare (July 29, 2015)

On the DOJ White Paper as a Plus for Civil Liberties, Lawfare (Feb. 8, 2013)

Judicial Review for Enemy Fighters? Andrew Kent on the Quirin Case, Lawfare (Jan. 4, 2013)

On the Expiration of Boumediene Rights, Lawfare (Nov. 3, 2012)

On Al-Aulaqi and Bivens, Lawfare (Aug. 3, 2012)

Just Don’t Ask for Money: Why won’t courts ever award damages to the victims of drone strikes?, Slate (July 23, 2012),

International Law in the U.S. Supreme Court: A Response to Professor Golove’s Essay, Opinio Juris (July 26, 2011)

Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts, American Society of International Law Insight (June 20, 2008)

Boumediene and the Uses of History, Opinio Juris (June 13, 2008)

CIA Interrogation Tactics: Honesty Won’t Aid Enemies, National Law Journal (Nov. 26, 2007)

The Textualist Case for Congressional Control Over Responses to Military Attacks, Opinio Juris (Aug. 2, 2007)

The President's Residual Power to Use Military Force, Opinio Juris (Aug. 1, 2007)

Has Congress Already Authorized Bush to Attack Iran?, Huffington Post (May 18, 2007)

D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees, American Society of International Law Insight (March 21, 2007)

Kent on Boumediene/Odah Guantanamo Litigation, Opinio Juris (Feb. 26, 2007)

Justice for Terrorists, Commentary (June 2004)