Author Archives: Noah Feldman

Robert S. Mueller, III.  Photograph: Dennis Brack/Bloomberg News

Special Counsel Can Examine Trump From All Angles

Special Counsel Can Examine Trump From All Angles

Former FBI Director Robert Mueller’s appointment by the Department of Justice as special counsel on Wednesday puts him in charge of investigating ties between Russia and the Donald Trump campaign. But if history is any guide, that won’t be the most important part of his inquiry. The letter appointing Mueller also authorizes him to examine

James Comey, director of the Federal Bureau of Investigation (FBI), listens during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Wednesday, May 3, 2017. Comey faced tough questioning from senators in both parties Wednesday on his agency's investigation into possible links between Donald Trumps campaign and Russia, and his own impact on last years election. Photographer: Andrew Harrer/Bloomberg

Comey’s Firing Is a Crisis of American Rule of Law

By Noah Feldman, Bloomberg View It’s not a constitutional crisis. Technically, President Donald Trump was within his constitutional rights Tuesday when he fired FBI Director James Comey. The Federal Bureau of Investigation is part of the executive branch, not an independent agency. But the firing did violate a powerful unwritten norm: that the director serves

Photographer: Andrew Harrer/Bloomberg

Justices Can Be Great Again After Filibuster’s End

After the nuclear option, what’s next? There really are only two choices to react to the Republican decision to eliminate the Senate filibuster permanently for Supreme Court nominations: mourning or celebration. So for the record, let me begin by saying that Judge Merrick Garland should’ve been confirmed after he was nominated to this seat by

Photographer: John Taggart/Bloomberg

Supreme Court Never Imagined a Litigant Like President Trump

By Noah Feldman, Bloomberg View Only two presidents have had to deal with private lawsuits while in office. One was John Kennedy, who settled a suit involving a car crash that happened during his campaign. The other was Bill Clinton, sued by Paula Jones for making sexual advances toward her when he was governor of

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Election Day Is a Turning Point for Supreme Court

By Noah Feldman, Bloomberg View Lots of people who don’t otherwise care for Donald Trump or Hillary Clinton say they’re going to vote Tuesday based on which presidential candidate will be best for the U.S. Supreme Court. With the hours ticking away, it’s worth running through the three most plausible scenarios to see what the election

Photographer: Daniel Acker/Bloomberg

Lawyers’ Fear of Trump Proves Their Point About Bullies

By Noah Feldman, Bloomberg View As a lawyer, I’m embarrassed that the American Bar Association commissioned a report about Donald Trump’s use of libel threats, then refused to publish it out of fear that Trump, the Republican presidential nominee, would sue the organization for libel. The episode, however, dramatizes how effective libel threats are in

Photo by Adam Berry (Getty Images)

Lawyers Can Write Shorter, But It’ll Cost Them

By Noah Feldman, Bloomberg View It may not seem that significant to a civilian. But a rule-change that will lower the maximum length of appellate briefs from 14,000 words to 13,000 words, effective Dec. 1, is getting plenty of pushback from the lawyers who specialize in federal appeals. To the readers, a 7 percent reduction

Photographer: Andrew Harrer/Bloomberg

Airbnb’s Anti-Discrimination Upgrade Gets It Right

By Noah Feldman, Bloomberg View We have the right to pick and choose our friends, romantic partners and guests. And there are laws  to ensure that hotels or restaurants can’t discriminate on the basis of race or sex or national origin. What’s less clear is which of these standards should apply to sharing-economy services such as