Andy Wright
- Investigations Lawyer, K&L Gates LLP
- Senior Fellow and Founding Editor, Just Security
Washington, D.C.
Investigations Lawyer @KLGates, #RaiseHail
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Articles by Andy Wright
What Experts Will Be Watching as COP31 Gets Underway
The 31st Conference of the Parties (COP31) to the U.N. Framework Convention on Climate Change (UNFCCC) begins today in Antalya, Türkiye, and runs from Nov. 9-20. It is the first COP with a split leadership: Türkiye is host and president of COP, while Australia, as “president of negotiations,” leads the formal talks. The arrangement was a compromise after protracted discussions over hosting rights, including a push for a Pacific-led COP that resulted in last month’s Pacific Pre-COP.
A French Perspective on the Trump Administration’s New Plan for Cyber Operations
In August, the Trump administration announced plans to allow vetted private companies to participate in “offensive cyber operations” carried out by the U.S. government. The initiative’s stated primary goal is to reinforce law enforcement’s fight against transnational criminal groups, although it also includes intelligence-gathering and defense features.
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Two weeks ago, in Trump v. California, the Supreme Court held that a suit brought by several states to preclude the U.S. Postal Service (USPS) from issuing a new regulation regarding mail-in ballots was premature because the USPS hadn’t yet promulgated a final rule when the states filed their suit. Three days before the Court’s decision in California, however, the USPS did promulgate its Final Rule (a fact that, for some reason, none of the Justices mentioned in their opinions).
What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector
On Aug. 10, the Department of Justice’s Office of Legal Counsel (“OLC”) issued an opinion concluding that executive privilege may, in certain circumstances, apply to presidential communications with private advisers outside the executive branch. The opinion, Applicability of Executive Privilege to Presidential Communications with Private Advisers, Office of Legal Counsel, U.S. Dep’t of Justice (Aug.
9/11 Then and Now: How it Shapes Us 25 Years On
On Sept. 11, 2001, the United States began a legal and institutional transformation that is still unfolding. We asked expert authors with deep personal and professional ties to the post-9/11 period the same three questions: where were you on 9/11, how did it shape your path, and how does it continue to shape us a quarter century later? Contributions will be published each day this week below. The full collection will be housed here and at the Reiss Center on Law and Security.
Tara Ganapathy
Tara Ganapathy (Linkedin) is Counsel in the Congressional Investigations and White Collar practice groups at K&L Gates in Washington, D.C. Tara previously served as Senior Counsel for Oversight at the White House Office of Management and Budget and, prior to that, the Department of Health and Human Services, where she advised the agencies in connection with a variety of issues concerning congressional investigations, separation of powers, and administrative law.
Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
The Supreme Court’s opinion establishing presidential immunity from many criminal prosecutions in Trump v. United States represents a watershed moment in the development of the law of separation of powers under the U.S. Constitution. It raises fundamental questions about the nature and efficacy of restraints on presidential power in a scheme of checks and balances. It will generate political commentary and academic treatments for decades to come.
Budget Cuts as Alternative Congressional Oversight Enforcement Mechanism
On May 10, a three-judge panel of the D.C. Circuit upheld Steve Bannon’s criminal contempt conviction for noncompliance with subpoenas issued by the House committee established to investigate the January 6th riot and break-ins at the U.S. Capitol. This has been one of many recent controversies involving the law of congressional investigations and Congress’s legal power to enforce its subpoenas for documents and testimony.
Hoka Mach 6 - The Mach Redesigned
The Mach 5 was soled with Hoka’s dual density foam system to create propulsion and protection, However, this update sees the end of dual foam in exchange for a single layer of super critical foam. This is also the first shoe in Hoka’s Flight line to be soled solely in single density Super Critical Foam. Hoka’s designers have worked from the ground up to get you from training to race in plush comfort with a fun, lively ride.
Column: Central Curry School District bond measure
The Central Curry School District has a bond on the upcoming special election ballot May 16 to repair, renovate, and renew their district properties. The board of directors, administration, and maintenance department hosted a series of meetings over the last 12-14 months, focusing on areas of concern from a 2019 school facilities assessment report.
The Limited Scope of Vice President Pence’s Speech or Debate Clause Immunity
Filed under: Congress, Department of Justice (DOJ), First Amendment, Immunity, January 6th Attack on US Capitol, Mike Pence, Senate, Supreme Court, Trump Campaign The U.S. Constitution provides members of Congress immunity from testifying before a grand jury about their “legislative activities.” In a landmark Supreme Court decision, the Court made clear that the is not limited literally to Representatives and Senators and that individuals who are covered by the Clause cannot resist testifying...
Setting the Board: Congressional Investigations and the New House Rules Package
After fifteen votes, the House of Representatives chose Rep. Kevin McCarthy (R-CA) as Speaker. McCarthy led Republicans in the 2022 midterm election cycle on a platform that emphasized a robust oversight agenda. Government accountability was one of the four pillars of the Republican “Commitment to America” that McCarthy rolled out last September.
What Kind of Guilty Mind is Needed for the Criminal Contempt of Congress Statute?
Steve Bannon, a former senior White House official and political advisor to President Donald Trump, is scheduled to stand trial for federal criminal contempt of Congress. Bannon’s charges stem from a criminal referral from the U.S. House of Representatives outlining his failure to comply with a subpoena for documents and testimony issued by the House Select Committee to Investigate the January 6th Attack on the United States Capitol (the “Select Committee”).
Foreign Agents Registration Act Reform: On the 2022 Agenda?
As we begin 2022, a number of indicators suggest that momentum is building to reform the Foreign Agents Registration Act (FARA). Last year, an American Bar Association task force report calling for legislative amendment and regulatory reform served as a precursor to disclosure by the Department of Justice (DOJ) that it is considering a number of regulatory changes to FARA. FARA has long suffered from interpretation, compliance, and enforcement problems.
Early Edition: August 17, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news.
Early Edition: August 16, 2021
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news. AFGHANISTAN – THE TALIBAN TAKE KABUL Taliban fighters reached the capital of Afghanistan, Kabul, early on Sunday, after having seized in recent days numerous major provinces. Afghan security and military forces showed no resistance to the insurgents’ advances on the capital, report Yaroslav Trofimov for the Wall Street Journal.
In Afghanistan, Lest We Forget
Yesterday, almost 21 years since the fall of the Taliban in September of 2001, the world watched in horror as the Taliban took the Presidential Palace in Kabul – the last symbol of control held by the government of the Islamic Republic of Afghanistan. The news cycle has been filled with stories asking how and whether the Taliban has changed since 2001, how they have taken control so quickly, and what is next for Afghanistan and its people.
Recap of Recent Articles on Just Security (August 7-13)
Just Security is based at the Reiss Center on Law and Security at New York University School of Law.
The United States Is the Only Place for Afghan Allies, Not Foreign Bases
by Amanda Strayer and Ana Ortega Villegas August 14, 2021 Two weeks ago, the Biden administration took a small step toward executing its promise to save U.S. Afghan allies when a plane filled with Afghans touched down at Dulles Airport. Shortly after landing, the 221 allies and their families arrived at Fort Lee, Virginia, where volunteer attorneys, including the authors of this piece, assisted them with their resettlement process.
Abandoning Afghan Allies: The Latest Chapter in Shameful History of US in Afghanistan
(Editor’s note: This article is part of a Just Security series: Reflections on Afghanistan on the Eve of Withdrawal.) The United States is withdrawing, messily, from its longest war. The last U.S. and NATO troops are expected to depart by the end of the month – though recent developments may accelerate this timeline. With the pullout of the remaining soldiers and evacuation of the U.S. embassy comes renewed assessments about the costs and consequences of the U.S. intervention in Afghanistan.
The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records
Last month, the Justice Department’s Office of Legal Counsel (OLC) released an opinion concluding that the Treasury Department must provide the House Ways and Means Committee tax filing information for former President Donald Trump and his businesses. This new OLC opinion reflects a departure from a Trump-era OLC opinion. The earlier opinion affirmed the Treasury Department’s determination that the Committee lacked a legitimate legislative purpose to seek the records.
Unpacking the DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on 2020 Election Machinations
The Senate Judiciary Committee and House Oversight and Reform Committee launched investigations earlier this year into allegations that former President Donald Trump improperly sought to use the resources of the U.S. Department of Justice to help him overturn the 2020 presidential election.
Pluses and Minuses of Pelosi’s Draft Jan. 6 Commission Proposal
Speaker Nancy Pelosi released her draft proposal for a Commission to investigate the January 6th attack on the U.S. Capitol. On our review, which compares the proposal to past commissions and current political circumstances, it is a laudable effort that could help the country considerably. The draft text has some subtle virtues that are being missed by many commentators, and also some weaknesses. The Speaker reportedly circulated this draft to Republican colleagues to solicit their feedback.
Scottish Golf Give The Green Light For Return Of Fourballs
Golfers in Scotland will be able to play in fourballs from Friday, pending final approval from the Scottish Government Scottish Golf Give The Green Light For Return Of Fourballs Following Nicola Sturgeon’s latest Covid-19 address, Scottish Golf has submitted updated guidance to sportscotland and the Scottish Government to request the return of fourballs in Scotland from Friday.
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
In a federal court case last week, a significant divergence of views between the House of Representatives and the Biden administration arose over how to proceed in congressional subpoena litigation. At issue before the full (en banc) U.S. Court of Appeals for the D.C. Circuit is the House Judiciary Committee’s years-long effort to obtain the testimony of a former White House Counsel who left the Trump administration in late 2018.
Just Wars on the Battlefield of Ideas
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks ahead to key developments on the horizon. I am going to take some liberty with this week’s Monday Reflection to address disturbing trends in American political discourse. We find ourselves in the midst of a remarkable 2016 presidential election. Celebrity businessman Donald Trump has locked up the Republican nomination.
Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress
(Editor’s note: This article is the second in a series on the Supreme Court’s Term.) Trump v. Mazars represents the U.S. Supreme Court’s most significant ruling on congressional investigations in decades. The case addresses President Donald Trump’s efforts to block congressional subpoenas served on accounting and banking entities in possession of records prior to his assuming office. At the top line, the Court held that congressional subpoenas for the president’s information may be enforceable.
Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next
Earlier this month, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted on charges of making false statements to federal agents. His trial was an offshoot of the Paul Manafort case in Special Counsel Robert Mueller’s investigation. Craig’s victory followed the court’s order, issued on the eve of the trial, which dismissed a felony count that he made false statements under the Foreign Agents Registration Act (FARA).
White House Credibility in Crisis
“This was the largest audience to ever witness an inauguration — period — both in person and around the globe.” — White House Press Secretary Sean Spicer On Saturday, newly minted White House Press Secretary Sean Spicer lied to the press corps. He did so about facts readily verifiable by photographs, Metro ridership, crowd experts, and journalists’ own eyes. He did it in the James S. Brady Press Briefing Room located in between the White House Residence and the West Wing.
Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong
Are foreign states and their property immune from civil forfeiture suits brought by the U.S. government? The Second Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not bar in rem civil forfeiture suits, but the Court’s reasoning was flawed in several respects. The case, United States v. Assa, involves a 36-story skyscraper, 650 Fifth Avenue, in midtown Manhattan, as well as other real property and bank accounts.
The Early Edition: August 23, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. The KOREAN PENINSULA North Korea’s Foreign Minister Ri Yong-ho today called U.S. Secretary of State Mike Pompeo a “poisonous plant of American diplomacy” in response to Pompeo’s comments that the U.S. will maintain crippling sanctions on Pyongyang unless it denuclearizes.
Just Security Launches the Russia Investigation Congressional Clearinghouse
Today we launch the Russia Investigation Congressional Clearinghouse – a resource tool that seeks to provide, in one place, all congressional investigations’ materials related to Russia’s efforts to interfere in U.S. elections. We trust it will be a great resource for journalists, academics, and the broader Just Security readership.
Time for a Cyber-Attack Exception to the Foreign Sovereign Immunities Act
Recently, a federal judge in New York dismissed the Democratic National Committee’s (DNC) civil lawsuit against Russia, Wikileaks, and others stemming from the 2016 cyber-attack on the DNC.
Unfinished Business: What Mueller Didn’t Cover, But Congress Can
The House Intelligence Committee hearings on the first volume of the Mueller report and the FBI’s underlying counterintelligence probe are scheduled to begin Wednesday with the testimony of two former senior Bureau officials and a former Assistant US Attorney.
Focusing on Armed Non-State Actors: Protecting Education in Armed Conflict
At the Third International Conference on Safe Schools, which was hosted in Spain last month, several participants wanted to know how to address attacks against schools and education by armed non-State actors (ANSAs), as it is undisputed that they play a central role in contemporary warfare. While States have formal opportunities to commit themselves to the protection of schools, ANSAs do not, even though it is crucial to acknowledge the role they play in education in armed conflict.
The Early Edition: June 11, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. TRUMP-RUSSIA AND CONGRESSIONAL INVESTIGATIONS The Department of Justice (D.O.J.) has struck a deal to start providing documents to the House Judiciary Committee after a dispute over a potential subpoena.
The Early Edition: June 10, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. TRUMP-RUSSIA AND CONGRESSIONAL INVESTIGATIONS The House Intelligence Committee intends to hold an open-door hearing on the counterintelligence implications of former special counsel Robert Mueller’s report on Wednesday.
Norms Watch: Damage to Democracy and Rule of Law in May 2019
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions and responses by others. This is our collection of the most significant breaks with democratic traditions that occurred in May 2019. Attorney General Barr acts like Trump’s personal attorney Attorney General William Barr testified before the Senate Judiciary Committee on May 1.
L’Affaire d’Assange: Why His Extradition May Be Blocked
The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free press. They are right to be worried. Although prosecutors have considered bringing criminal charges against those who publish national defense information on several occasions in the century since the Act’s passage, a grand jury has not been empaneled since WWII—and even it returned no indictments.
The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege
To fend off congressional oversight being conducted by Democrats in the House of Representatives, the president’s various legal teams are waging a frontal attack on the scope of Congress’s power to investigate. It is the argument the White House Counsel has used to justify withholding records from the House Committee on Oversight and Reform (HCOR) related to White House security clearance adjudications.
Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against French mega-bank BNP Paribas can proceed. The suit exemplifies the potential of the law of the 50 states to provide justice for human rights violations given that the U.S. Supreme Court has limited the reach of the Alien Tort Statute.
The Balance Has Shifted: The Data on Impeachment Favor Moving Ahead
[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump Pre-Impeachment.” Other authors in the series include John Dean, Ryan Goodman, Hon. Elizabeth Holtzman, Kevin Kruse and Julian Zelizer (co-authored), and Walter Pincus.] Sidney Blumenthal’s opinion piece in Just Security has rightly provoked a lively conversation about the impeachability of President Donald Trump.
The Early Edition: May 10, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. TRUMP-RUSSIA AND CONGRESSIONAL INVESTIGATIONS President Trump stated yesterday that he would allow Attorney General William Barr to decide whether special counsel Robert Mueller can testify to Congress.
"No Sideshow" - The 'Protection of Civilians' Agenda Turns 20 - Just Security
(Editors’ Note: The Secretary-General’s 2019 protection of civilians report also summarizes achievements and challenges and makes practical recommendations for improving the plight of civilians in armed conflict. It will be published and featured in a blog post on Just Security in the coming days.) This year marks two decades since the protection of civilians in armed conflict became a specific item on the agenda of the Security Council.
Is Justice the Antidote to Sexual Violence in Conflict? Why Amal Clooney is Only Half Right
Human rights lawyer Amal Clooney told the United Nations Security Council recently that “justice is the antidote” to a global epidemic of wartime sexual violence. She is only half right. Justice is needed, but it is no panacea, certainly not across all continents and contexts. Over the last 20 years, calls for justice and accountability, especially criminal prosecutions, have come to dominate efforts to address sexual violence in conflict.
The Iran Nuclear Deal After Rouhani's Announcement
On Wednesday, one year after President Donald Trump withdrew the United States from the Iran nuclear deal, Iranian President Hassan Rouhani announced that Iran would no longer adhere to two of its nuclear commitments – specifically, it will no longer abide by the limits on the amounts of low-enriched uranium and excess heavy water that it can stockpile in the country.
The Early Edition: May 9, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. TRUMP-RUSSIA AND CONGRESSIONAL INVESTIGATIONS President Trump asserted executive privilege over special counsel Robert Mueller’s report yesterday, marking his first use of the executive authority in the ongoing constitutional battle with Congress.
The Early Edition: April 25, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.
Gutting the Substance of a UN Security Council Resolution on Sexual Violence
The United Nations Security Council has established a long and fairly distinguished history of addressing the harms caused by sexual violence in war. By developing the Women, Peace, and Security agenda via a series of resolutions, the Security Council enabled a discourse acknowledging women’s experience of and contribution to war and peace.
Deconstructing the Int’l Criminal Court’s Decision on Afghanistan
The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute rule: there will be no investigations against suspects when they have enough raw political power to affect States Parties’ cooperation with the Court.
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