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The Latest Breaking News from Seth Barrett Tillman

Smith's Indictment of Trump In Florida Suggest He Won't Bring An Insurrection Charge in D.C.

Does the special counsel "seek to avoid distracting fights"?

Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States"

Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.

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New In Lawfare: "Why the Manhattan DA's Trump Case Cannot Be Removed to Federal Court"

Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.

Offices and Officers of the Constitution, Part IV: The "Office . . . Under the United States" Drafting Convention

A synthesis of our prior writings on the meaning of “Office . . . under the United States.”

Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses

A synthesis of our prior writings, and clarification on the meaning of “Officers of the United States.”

No, 18 U.S.C. § 2071 Cannot Disqualify Trump From The Presidency

That statute disqualifies a person from "holding any office under the United States."

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Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Janus and Dobbs

The leaked opinion places the public "on notice . . . regarding this Court’s misgivings about" Roe.

Houston Community College v. Wilson Reaffirms That Elected Officials Have Free Speech Rights

This basic principle was contested during President Trump's second impeachment trial.

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