Marty Lederman
Just Security
Washington, DC, United States
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Past articles by Marty:
Barr's Redaction Process, cont'd
In his testimony last week, Barr said several things about redactions that weren't quite right, or that raise significant concerns worth addressing now. → Read More
How not to think-and what the Mueller Report won't tell us-about Trump's efforts to obstruct the investigation
Back in December, I wrote a post about Bill Barr’s June 2018 memo to DOJ officials. In it, I was sharply critical of Barr’s understanding of the President’s constitutional prerogatives and his relationship to criminal investigations. I did, however, agree with one discrete aspect of Barr’s memo–namely, his view that, as a matter of policy, “it’d … → Read More
What Now for the Mattis Transgender Policy?
What does the Supreme Court ruling mean for transgender people serving in the military? → Read More
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Jeffrey Miller makes in his challenge to the → Read More
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
Georgetown's Marty Lederman analyzes legal challenges to Bob Mueller in pending case. → Read More
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Jeffrey Miller’s central → Read More
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
The 2nd in a series of posts exploring the legal challenge to Special Counsel Robert Mueller. → Read More
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
The first in a series of posts about Miller v. US, a case challenging the constitutionality of Mueller’s appointment. → Read More
Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive
What are the implications of Rosenstein being fired or resigning. → Read More
Could Trump Have “Directed” Mueller’s Removal?
Why did the President not fire Mueller himself? Marty Lederman with the answer. → Read More
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
"There's no reason to transfer Saipov to military custody--and it would likely be unlawful, to boot," writes Georgetown Law Professor Marty Lederman. → Read More
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
"There's no reason to transfer Saipov to military custody--and it would likely be unlawful, to boot," writes Georgetown Law Professor Marty Lederman. → Read More
Don’t Believe the Hype: Trump Is Not “Decertifying” the Iran Deal
Marty Lederman provides several correctives to how news headlines and reports are describing the White House's actions on the Iran Deal. → Read More
Three Quick Observations on the U.S. Citizen ISIL Detainee
An American citizen has been held for weeks as an "enemy combatant" by US forces in Iraq--what rights does he have? A right to a lawyer? How long can he be held without one? When does his right to habeas kick in? → Read More
Three Quick Observations on the U.S. Citizen ISIL Detainee
An American citizen has been held for weeks as an "enemy combatant" by US forces in Iraq--what rights does he have? A right to a lawyer? How long can he be held without one? When does his right to habeas kick in? → Read More
A Scrivener’s Error That Swallows the New Entry Suspensions?
A typo in the government's Travel Ban may "render the whole Proclamation meaningless." → Read More
The New Entry Suspensions and Restrictions
Based on my very quick and preliminary reading of the President's new proclamation, this is my summary of who is affected. I'll update and correct → Read More
Reminder: The “Travel Ban” Expires This Morning (Probably Ending the Case, At Least for Now)
What comes next and should the Supreme Court still decide whether the ban was ever constitutional? → Read More
No, the President Cannot Strike North Korea Without Congressional Approval
A CNN story on Wednesday asks: "Can the President launch a military strike on his own [on North Korea]?"--i.e., without further congressional → Read More
The Important Legal Questions Regarding the Now-Shuttered “Covert” Program to Arm Syrian Rebels
Mark Mazzetti, Adam Goldman and Michael Schmidt report: The end came quickly for one of the costliest covert action programs in the history of → Read More