Mikhaila Fogel, Lawfare

Mikhaila Fogel


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Past articles by Mikhaila:

The Reviews Be Damned: ‘Space Force’ Is Awesome

The new Netflix comedy is a different kind of military television show, and an interesting model for how art can begin to sort through the Trump presidency. → Read More

Lawfare Live: The Future of Hard National Security Choices with David Kris

On Monday, June 15 at 3:00pm ET, Lawfare Live will host a 90-minute discussion with David Kris, former assistant attorney general for the National Security Division, about how future administrations should think about U.S. national security priorities in the wake of Donald Trump. → Read More

Lawfare Live: Careers in National Security

Join us on Tuesday, June 9, at 11:00am ET for a 90-minute career panel webinar and Q&A with Lawfare’s senior team. → Read More

Director of National Intelligence Declassifies Flynn-Kislyak Transcripts

On Friday, Director of National Intelligence John Ratcliffe declassified and released the transcripts of the December 2016 calls between former national security adviser Michael Flynn and then-Russian Ambassador Sergey Kislyak. The calls are at the center of the ongoing criminal case again Flynn. → Read More

Justice Department Drops Criminal Case Against Michael Flynn

In a filing on Thursday, May 7, 2020, the Justice Department moved to dismiss the criminal information against former national security adviser Michael Flynn. Flynn had pleaded guilty to one count of lying to federal investigators regarding his contact with the Russian ambassador prior to President Donald Trump's inauguration. The filing, signed by U.S. → Read More

President Trump Signs Defense Production Act Memorandum Regarding General Motors

On Friday, President Donald Trump sign a memorandum under the Defense Production Act ordering the secretary of the Department of Health and Human Services to "use any and all authority available under the Act to require General Motors Company to accept, perform, and prioritize contracts or orders for the number of ventilators that the Secretary determines to be appropriate." → Read More

D.C. Circuit Dismisses McGahn Subpoena Case

On Feb. 28, the U.S. Court of Appeals for the D.C. Circuit dismissed the House Judiciary Committee's lawsuit to compel the testimony of former White House Counsel Don McGahn. Writing on behalf of the court, Judge Thomas B. Griffith wrote, "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving → Read More

What Really Happened at the Roger Stone Sentencing

Judge Amy Berman Jackson had a particularly difficult job on Thursday. → Read More

The Lawfare Podcast Shorts: The Sordid Story of Impeachment

The impeachment trial of President Donald Trump is set to begin on Jan. 21, and the question of what constitutes an impeachable offense is sure to feature in the trial itself and in the broader discussion of the president’s conduct. To answer that question, many commentators, lawmakers and experts may rely on what the Founders said at the time the Impeachment Clause was → Read More

House Releases Documents Showing Contact Between Lev Parnas and Nunes Aide

The House Intelligence Committee has released new evidence in the impeachment case against President Trump. The documents contain contacts between Giuliani associate Lev Parnas and Derek Harvey, a top staffer to the committee's ranking member, Rep. Devin Nunes. The documents are available here and below: → Read More

Intern with Lawfare!

Lawfare is now accepting summer internship applications through the Brookings Institution. → Read More

The Lawfare Podcast Special Edition: Law and the Soleimani Strike

On Friday, the Lawfare Podcast hosted a conversation on the wide-ranging policy implications of the U.S. strike that killed Iran’s Islamic Revolutionary Guard Corps’ leader Qassem Soleimani and Abu Mahdi al-Mohandes, deputy commander of Iraq’s quasi-official Popular Mobilization Forces and leader of the Iraqi militia and PMF Keta’ib Hezbollah. → Read More

House Judiciary Committee Releases Impeachment Report

The House Committee on the Judiciary on Dec. 15 released its report on the impeachment of President Donald Trump. The report will accompany the articles of impeachment againt Trump, which will be sent to the Rules Committee and then brought to the House floor this week for consideration. → Read More

Office of Management and Budget Issues a Memo on Withholding Ukraine Aid

The Office of Management and Budget has released a memo defending the legality of its decision to withhold military aid to Ukraine–about which questions have been raised in connection with the impeachment inquiry. The memo is available here and below. → Read More

Livestream: Justice Department Inspector General Testifies Before Senate Panel

On Wednesday, the Senate Judiciary Committee will hear testimony from Justice Department Inspector General Michael Horowitz about his recent report reviewing four FISA applications and other matters related to the FBI's investigation into whether members of the Trump Campaign coordinated with the Russian government to interfere in the 2016 presidential election. A livestream → Read More

Justice Department Inspector General Releases Report on the Russia Investigation

On Monday, the Department of Justice Office of the Inspector General released a report on its review of the four FISA applications and other aspects of the FBI's Crossfire Hurricane Investigation, which explored any possible coordination or connection between the Trump campaign and Russian efforts to interfere with the 2016 election. The document is available here and below. → Read More

The Battle of the Impeachment Reports: Do the Parties Disagree About the Facts?

Congressional Democrats and Republicans actually agree on a fair bit of the fact pattern at issue in the impeachment inquiry. → Read More

D.C. Circuit Court Denies Trump Rehearing in Mazars Case

The U.S. Court of Appeals for the D.C. Circuit has denied President Trump's petition for a rehearing en banc in Donald J. Trump v. Mazars, LLP et al. The order was issued per curiam with Judges Karen Henderson, Gregory Katsas and Neomi Rao dissenting. The court also denied a motion for a panel rehearing. Both orders can be view below. Denial of Rehearing En Banc → Read More

Schiff Shares Impeachment Hearing Procedures

On Tuesday, Chairman Adam Schiff of the House Permanent Select Committee on Intelligence (HPSCI) outlined procedures for public hearings this week related to the House's ongoing impeachment inquiry into President Donald Trump. The memo is available here and below: → Read More

Summary of Lt. Col. Alexander Vindman's Deposition Testimony

Editor's note: This is one of eight summaries of depositions released by House impeachment investigators. The others are available here. → Read More