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Lawfare Archive: Austin Evers and Mike Stern on Congressional Oversight

The Lawfare Podcast

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The OLC's Position on Immunity for Senior Advisors

The Justice Department took a constitutional position that the advisors were immune from having to show up at all, regardless of what the subject matter was. That is despite the fact that Judge Bates did not agree with it, they are holding to it until some higher court tells them otherwise. It's also pretty clearly inconsistent with Supreme Court opinion dealing with somewhat different but analogous issue related to immunity for civil damages.

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