James M. Burnham

Jul 16, 2024 | city-journal.org | James M. Burnham |Dan Katz

Prussian general Carl Von Clausewitz famously said that “war is nothing but the continuation of politics with other means.” That aphorism is equally true if you replace “war” with “international law.” The only difference is that war is self-evidently an exercise of power, while international law often purports to be a stabilizing set of neutral principles, expounded by dispassionate arbiters.

May 20, 2024 | wsj.com | James M. Burnham

The president channels a predecessor in seeking to shield White House tapes. Joe Biden was sworn into the Senate in 1973, the year before Richard Nixon resigned the presidency. Apparently the young senator was taking notes. Mr. Biden echoed his predecessor last week by claiming executive privilege over tapes of an important presidential discussion. The current president’s argument, however, is much weaker.

May 1, 2024 | almendron.com | James M. Burnham

One aspect of special counsel Jack Smith’s arguments to the Supreme Court last week in Trump v. United States has not gotten enough attention: his claim that the Justice Department has independent power to confer immunity on the president. Adopting this argument would be a disaster for the presidency. Smith was represented at the Supreme Court by Michael R. Dreeben, who served as a deputy solicitor general in the Justice Department for 24 years.

May 1, 2024 | washingtonpost.com | James M. Burnham

A courtroom drawing depicts Michael R. Dreeben, counselor to special counsel Jack Smith, arguing before the Supreme Court on April 25. (Dana Verkouteren/AP)CommentSaveJames Burnham, an attorney, is a former Justice Department and White House official and clerk to Justice Neil M. Gorsuch. One aspect of special counsel Jack Smith’s arguments to the Supreme Court last week in Trump v.

Apr 10, 2024 | city-journal.org | James M. Burnham

Few innovations in American law enforcement have done more damage than “independent” prosecutors. Independent and special counsels have upended every presidential administration that has encountered them. They have never yielded benefits commensurate with their costs. They should be abolished. From my perch at the White House Counsel’s Office, I was a front-row observer of, and direct participant in, Robert Mueller’s investigation of Donald Trump.