//  5/21/18  //  In-Depth Analysis

On May 15, Larry Tribe and Joshua Matz released their new book, To End a Presidency: The Power of Impeachment. To complement the book, Take Care has created a database of articles addressing impeachment in the Age of Trump. These articles date from before Trump's inauguration through the present, and address a wide array of topics. The database is not comprehensive, but instead includes analyses that we've found especially helpful or notable. We will update this document on a semi-regular basis. If you'd like to propose additions, please tweet them to @ShallTakeCare

Table of Contents

Big-Picture Thinking

  • "Normalizing" or Regularizing Impeachment

Impeachment Talk

  • Pre-Inauguration Impeachment Talk
  • Post-Inauguration Impeachment Talk

Reflections on Impeachment Talk

Impeachment and the 2018 Midterm Elections

Selected Arguments for Impeaching Trump

Selected Arguments Against Impeaching Trump 

The Likelihood of Impeachment

Impeachable and Potentially Impeachable Offenses

  • General
  • Defining "high Crimes and Misdemeanors"
  • Obstruction of Justice: Generally
  • Obstruction of Justice: Comey
  • Obstruction of Justice: Mueller
  • Obstruction of Justice: Other
  • Impropriety Involving Russia
  • Executive Overreach
  • Treason
  • Bribery

The Pardon Power

  • Self-Pardoning
  • Pardoning to Obstruct Justice
  • Pardoning former Sheriff Joe Arpaio

Violations of the Emoluments Clauses & Kleptocracy

Unpresidential Behavior

  • Defiance of Norms
  • Lying and Character
  • Attacks Targeting Government, the Press, Critics & Others
  • Style of Governance
  • Foreign Policy
  • Racism and Support for Hate Groups

Congress's Proper Role in the Impeachment Process

  • Censure
  • Congressional Investigation
  • Historical Examples

The Mueller Investigation

  • The Scope of the Investigation and Prosecutorial Discretion
  • Indictment of the President and Presidential Immunity
  • Subpoenaing or Interviewing the President
  • Learning What the Special Counsel Knows
  • Protecting the Special Counsel

State Investigations

The 25th Amendment

  • The 25th Amendment's Relationship to Impeachment

Constitutional Crises and the State of American Democracy

  • Presumptions of Regularity

Undoing or Redoing an American Election

Historical Parallels 

  • Nixon
  • Clinton
  • Other

Big-Picture Thinking

Articles and posts describing the American impeachment process with a wide lens, and considering whether all this hand-wringing over impeachment is really necessary.

The Impeachable Offense. Charles Black, Jr. Republished by Lawfare. 7/20/17. Originally published in 1974.

The threat of impeachment can push presidents out the door. But there’s a catch. John M. Carey, Javier Corrales, Mariana Llanos, Leiv Marsteintredet and Aníbal Pérez-Liñán. WaPo. 4/11/18.

The Options for Impeaching Trump. Jacob Weisberg. Slate. 4/18/17.

Presidential Impeachments are About Politics, Not Law. Julia Azari. Vox. 5/15/17.

An Impeachment Should Not Be a Partisan Affair. Keith Whittington. Lawfare. 5/16/17.

The Mercurial Presidency: Trump and the Governing Crisis. Bob Bauer. Lawfare. 5/17/17.

Impeachment’s Political Heart. Greg Wiener. NYT. 5/18/17.

How to Get Out of Impeachment Territory. Keith Whittington. Lawfare. 5/19/17.

No, Impeachment Doesn't Work That Way. Chris Geidner. Buzzfeed. 5/23/17.

Who Would the Founders Impeach? David A. Graham. The Atlantic. 6/29/17.

The Four Truths of Impeachment. Ramesh Ponnuru. Bloomberg. 7/14/17.

To Impeach a President: Applying the Authoritative Guide from Charles Black. Jane Chong. Lawfare. 7/20/17.

President Trump, Impeachment, and the “Higher Law” Part 1 and Part 2. Louis René Beres. Jurist. 7/23/17.

The One Question Worth Asking. David Hemel. Take Care. 7/25/17.

Impeaching Trump: Four Eternal Myths. Jane Chong. Lawfare. 8/30/17.

Roger Stone says there would be an 'insurrection' if Trump were impeached. Is he right? Paul A. Djupe, Jake Neiheisel, Andrew R. Lewis, Ryan L. Claassen and Anand Edward Sokhey. WaPo. 9/15/17.

Impeachment, American Style. Cass Sunstein. The New Yorker. 9/20/17.

We would impeach Trump at our peril. Richard Cohen. WaPo. 9/25/17.

Where to Look for Guidance on Impeachment. Cass Sunstein. Bloomberg View. 11/14/17.

Opinion: The Perils of Impeachment. David Winston. Roll Call. 1/10/18.

The myth of an ending: why even removing Trump from office won’t save American democracy. Dylan Matthews. Vox. 4/23/18.

How Democrats embrace impeachment. J.T. Young. Washington Times. 4/26/18.

How Trump Exits Matters. William Hausdorff. Dorf on Law. 5/9/18.

How to impeach a president. The Economist. 5/10/18.

Donald Trump Is No Longer Hiding His Impeachment Strategy. Abigail Tracy. Vanity Fair. 5/29/18.

Risk-Risk Tradeoffs in Presidential Impeachment. David Pozen. Take Care. 6/6/18.

The Federal Courts and the Road to Impeachment. Stephen Vladeck. Take Care. 6/11/18.

Impeachment as Punishment. Andrew Crespo. Take Care. 6/13/18.

Impeachment as a Constitutional Design Choice. Aziz Huq and Tom Ginsburg. Take Care. 6/18/18.

 

“Normalizing” or Regularizing Impeachment

Americans Should Impeach Presidents More Often. Gene Healy. Reason. 7/16/17.

Scaring Ourselves to Death over Impeachment. Gene Healy. Cato at Liberty. 9/29/17.

James Madison Didn’t Want to Normalize Impeachment. Noah Feldman. Bloomberg View. 11/7/17.

The case for normalizing impeachment. Ezra Klein. Vox. 11/30/17.

Should Trump Be Impeached? Why Founding Father James Madison Would Support Impeachment. Max Kutner. Newsweek. 11/22/17.

We can’t ‘normalize’ impeachment. Charles Pierce. Esquire. 12/1/17.

The End of Impeachment. Elizabeth Drew. The New Republic. 4/10/18.

America Abhors Impeachment. Charles Blow. NYT. 4/22/18.

Maybe the Founders Got Impeachment Wrong. Ramesh Ponnuru. Bloomberg. 5/8/18.

Impeachment Is a Serious Matter, But It Should Not Be Unthinkable. Neil H. Buchanan. Dorf on Law. 5/11/18.

Is there a danger in normalizing impeachment talk? Jennifer Rubin. WaPo. 5/15/18.

 

Impeachment Talk 

Articles and posts proposing or opposing Donald Trump’s possible impeachment, and those describing the reactions to and risks of calls for impeachment.

Pre-Inauguration Impeachment Talk

The Case for a Trump Impeachment. Katie Kilkenny. Pacific Standard Magazine. 10/4/16.

Could Trump Be Impeached Shortly After He Takes Office? Darren Samuelsohn. Politico. 4/17/16.

Trump’s Impeachment Threat. NYT Editorial Board. 11/4/16.

Would Republican Establishment Use Impeachment to Block Trump Agenda? Tom Tancredo. Breitbart. 12/17/16.

 

Post-Inauguration Impeachment Talk

The campaign to impeach President Trump has begun. Mateo Gold. WaPo. 1/20/17.

Chill, America. Not every Trump outrage is outrageous. Tom Nichols. PostEverything. 2/2/17.

How Can We Get Rid of Trump? Nicholas Kristof. NYT. 2/18/17.

First Republicans talk possibility of impeachment for Trump. Cristina Marcos. The Hill. 5/5/17.

How Trump Could Get Fired. Evan Osnos. The New Yorker. 5/8/17.

How Does This End? McKay Coppins. The Atlantic. 5/18/17.

Democratic Leaders Try to Slow Calls to Impeach Trump. Jonathan Martin, Alexander Burns. NYT. 5/18/17.

Democrats Should Proudly Call for Trump’s Impeachment. Brian Beutler. New Republic. 5/22/17.

Regime Change by Any Other Name? Victor Davis Hanson. National Review. 5/22/17.

To Impeach or Not to Impeach. Thomas Edsall. NYT. 5/25/17.

Impeach Trump? Calm down, Democrats. Albert Hunt. Bloomberg View. 6/2/17.

To Impeach or Not to Impeach? And Is That Even the Question? Various. The Nation. 6/8/17.

On impeaching Trump. The Los Angeles Times Editorial Board. 6/10/17.

The Resistance: Impeachment Anxiety. Charles Blow. NYT. 6/12/17.

Team Trump Cannot Fear the I-Word. Andrew McCarthy. National Review. 6/19/17.

Laurence Tribe's Impeachment Hysteria. Gene Healy. National Review. 6/23/17.

A Cry of Defiance and Not of Fear for July 4th: Impeach! John Nichols. The Nation. 7/3/17.

President Trump, This Way to the Egress. Michael Winship. BillMoyers. 7/6/17.

‘Auntie Maxine’ Goes After Trump — and Goes Viral. Yamiche Alcindor. NYT. 7/7/17.

Six Long Months of President Trump. Frank Bruni. NYT. 7/15/17.

Filing articles of impeachment against Trump shows how unserious Democrats are. Jay Caruso. Washington Examiner. 7/17/17.

Obsessive Compulsive Democrats and Impeachment. James Shott. Patriot Post. 7/18/17.

It’s not too early, or too nutty, to discuss grounds for impeachment. Jennifer Rubin. WaPo. 7/24/17.

Democrats and Trump: Both behaving irrationally. Michael Barone. Washington Examiner. 7/27/17.

The Absurd Calls for Impeachment. David O’Connell. The Washington Times. 7/4/17.

The Impeachment Fantasy. Tod Lindberg. The Weekly Standard. 8/7/17.

If the coup against Trump succeeds… Jack Kerwick. Townhall. 8/10/17.

Impeach the SOB. Kevin Naff. Washington Blade. 9/26/17.

Democrats Not Ready To Impeach Trump Though He Has Done 'Really Terrible Things.’ Linley Sanders. Newsweek. 9/27/17.

Democrats Should Embrace Impeachment. Michelle Goldberg. NYT. 10/25/17.

It Is Time to Impeach the President. John Nichols. The Nation. 11/16/17

Time to Talk Impeachment. David Leonhardt. NYT. 12/30/17.

The Time to Impeach Is Now. Tom Steyer. US News. 1/18/18.

A Billionaire Keeps Pushing to Impeach Trump. Democrats Are Rattled. Alexander Burns. NYT. 1/23/18.

Authoritarianism for Me but Not for Thee. David Limbaugh. Town Hall. 3/23/18.

Michael Cohen and the End Stage of the Trump Presidency. Adam Davidson. The New Yorker. 4/14/18.

Tom Steyer’s multimillion-dollar mission to impeach Trump falls flat. Lisa Mascaro and Bill Barrow. Washington Times. 4/22/18.

Call Him Mr. Impeachment: Tom Steyer’s War Against Donald Trump. Max Abelson. Bloomberg. 4/25/18.

Why Are Some Democrats Afraid of Impeachment? John Nichols. The Nation. 5/21/18.

Can Tom Steyer Make America Care About Impeachment? Mark Hertsgaard. The Nation. 6/7/18.

Republicans for Impeaching the President. John Nichols. The Nation. 7/27/18.

Mike Pence, Holy Terror. Frank Bruni. NYT. 7/28/18.

It's time we start thinking about post-Trump America. Kim Wehle. The Hill. 7/29/18.

'If they take the House, he wins big': Trump loyalists see upside in impeachment. Christopher Cadelago. Politico. 8/16/18.

To impeach or not? If Democrats win, they'll face a January quandary. Amanda Marcotte. Salon. 8/17/18.

Would Trump impeachment 'crash' stocks, as president says? Adam Shell. USA Today. 8/23/18.

Impeach Trump: why Republicans, not Democrats, are talking up the prospect. David Smith. The Guardian. 8/26/18.

Would Trump's impeachment kill the economy? Our panel of experts says nah, not really. Max Cea. Salon. 9/2/18.

Just how likely is it that a Trump impeachment will cause a stock market crash? Sam Natapoff. Salon. 9/5/18. 

The Democrat Who Could Lead Trump's Impeachment Isn't Sure It's Warranted. Russell Berman. The Atlantic. 9/10/18.

 

Reflections on Impeachment Talk 

Articles and posts considering the source, impact, and potential purpose of all this impeachment mania.  

The Impeachment War. Rich Lowry. National Review. 6/13/17.

Trump allies worry that losing the House means impeachment. Sara Murray. CNN. 10/16/17.

Progressives are Engaging in Impeachment Fan Fiction. Jarrett Stepman. Signal. 11/6/17.

The Democrats’ Dangerous Obsession With Impeachment. Jeet Heer. New Republic. 12/5/17.

How Not to Impeach. Greg Weiner. NYT. 1/1/18.

Impeachment Mania Undercuts Mueller Probe. Albert R. Hunt. Bloomberg View. 1/5/18.

The emptiness of ‘impeachment porn.’ NY Post Editorial Board. 1/5/18.

The Anti-Trump Effort Backfires. Conrad Black. National Review. 3/20/18.

The Cycles of Panicked Reactions To Trump. Jack Goldsmith. Lawfare. 4/11/18.

Please Stop Predicting the End of Trump’s Presidency. Jim Newell. Slate. 4/16/18.

What the Democrats should be saying about impeachment. Jennifer Rubin. WaPo. 4/18/18.

Don’t worry about the politics of impeachment. Just do the right thing. Max Boot. WaPo. 5/3/18.

The Danger of Constant Impeachment Talk. Laurence Tribe and Joshua Matz. WSJ. 5/4/18.

How we will know if impeachment is the right thing to do. Jennifer Rubin. WaPo. 5/6/18.

There Are No Shortcuts For A Democracy In Crisis: On The Limits Of Impeachment Talk. K. Sabeel Rahman. Take Care. 6/7/18.

The Impeaching Pushes Are Fizzling—and That's a Good Thing. Matt Lewis. Daily Beast. 8/7/18.

Impeachment talk has perils for both parties. Dan Balz. WaPo. 9/1/18.

Responses to the Demagogue: "Unsung Heroes" and the Impeachment Process. Bob Bauer. Lawfare. 9/12/18.

Who's Afraid of Impeachment? Mark Hertsgaard. The Nation. 9/14/18.

 

Impeachment and the 2018 Midterm Elections 

Articles and posts considering how impeachment talk might affect the 2018 election cycle — and how the 2018 election cycle may affect a potential impeachment effort.

Trump Will Probably Be Impeached if Republicans Lose the House. Jonah Goldberg. National Review. 6/14/17.

Why Trump Should Care More About Congress Than About Mueller. Niall Ferguson and Joshua Zoffler. The Atlantic. 9/16/17.

Trump allies worry that losing the House means impeachment. Sara Murray. CNN. 10/16/17.

The Impeachment Litmus Test is Dividing Democrats. Graham Vyse. New Republic. 10/17/17.

Will Tom Steyer Trump the Democrats? Jonathan S. Tobin. National Review. 1/24/18.

Impeachment or Bust. William McGurn. WSJ. 2/19/18.

The Midterms Could Set Trump On A Path Toward Impeachment. Perry Bacon Jr. FiveThirtyEight. 3/1/18.

Republicans Seize on Impeachment for Edge in 2018 Midterms. Jonathan Martin. NYT. 4/8/18.

Should Democrats campaign on impeaching Trump? Paul Waldman. WaPo. 4/9/18.

Nancy Pelosi is right to avoid impeachment talk. Jennifer Rubin. WaPo. 4/26/18.

Harry Reid Tells Dems to Quit Impeachment Talk. Mairead McArdle. National Review. 4/25/18.

Democrats’ looming impeachment problem. Aaron Blake. WaPo. 4/25/18.

Former Sen. Harry Reid Says Stop The Impeachment Talk. Lulu Garcia-Navarro. NPR. 4/29/18.

Democrats’ 2018 impeachment dilemma, explained. Matthew Yglesias. Vox. 4/30/18.

The impeachment distraction. Paul Waldman. The Week. 5/1/18.

Democrats: Don’t Take the Bait on Impeachment. Adam Schiff. NYT. 5/4/18.

Schiff’s Curious Warning about a Politicized Impeachment. Jim Geraghty. National Review. 5/4/18.

Will Impeachment Talk Affect The Midterms? FiveThirtyEight. 5/9/18.

Democrats avoided California disaster. To win this fall, avoid impeach and resist. Kurt Bardella. USA Today. 6/7/18.

Will the Democrats Run on an Impeachment Platform? Daniel DePetris. The National Interest. 7/2/18.

Justice Kennedy's Legacy May Be Trump's Impeachment. Susan Del Percio. OZY. 7/6/18.

Why Democrats Aren't Talking Impeachment. Dick Polman. The Atlantic. 8/2/18.

The Note: The risks of talking impeachment on the trail. MaryAlice Parks and John Verhovek. ABC News. 8/3/18.

The Right Way to Talk About Impeaching Donald Trump. John Nichols. The Nation. 8/4/18.

Democrats Should Not Be Afraid to Bring Up Impeachment Anymore. Jay Willis. GQ. 8/22/18.

 

Selected Arguments for Impeaching Trump

Articles and posts arguing for President Trump’s ouster.

Is America a Failing State? David Rothkopf. Foreign Policy. 5/10/17.

Clapper’s remarks constitute the third strike for Trump. Jennifer Rubin. WaPo. 5/12/17.

Trump must be impeached. Here’s why. Laurence H. Tribe. WaPo. 5/13/17.

The case for impeaching Trump — and fast. Matthew Yglesias. 5/22/17.

Why Impeachment Must Remain a Priority. Laurence H. Tribe. Take Care. 5/23/17.

It’s Time to Make the Case for Impeaching Trump. John Nichols. The Nation. 6/1/17.

What is the downside of not impeaching? Keith Whittington. Lawfare. 7/25/17.

Republicans, Remove This Madman From Power. Brian Beutler. New Republic. 8/11/17.

They could have Pence as president, for heaven’s sake. Jennifer Rubin. WaPo. 8/11/17.

Robert Mueller Doesn’t Need a Smoking Gun. Elizabeth Drew. New Republic. 2/26/18.

What James Comey Gets Wrong About Donald Trump. John Nichols. The Nation. 4/16/18.

There Can Be No Resistance Without Obstruction and Impeachment. Osita Nwanevu. Slate. 6/29/18.

Donald Trump makes the case for his own impeachment. Ezra Klein. Vox. 9/5/18.

 

Selected Arguments Against Impeaching Trump

Articles and posts arguing that President Trump should not be impeached.

Don’t Impeach: The Liberal Case for Not Removing Trump. Cliston Brown. The Observer. 5/16/17.

Don't rush to impeach Trump: Congress should wait till it knows crucial facts. Steve Chapman. Chicago Tribune. 5/19/17.

Why Impeaching Trump Is a Bad Idea. Rishabh Bhandari, Aaron Sibarium. National Review. 5/23/17.

Trying to impeach Trump too soon would be the best way to keep him in office. Jane Chong. WaPo PostEverything. 6/5/17.

Liberal Impeachment Fantasies Have to Stop. Erin Gloria Ryan. Daily Beast. 6/29/17.

Anti-Trump Overreach Could Backfire. Michael Barone. National Review. 7/14/17.

Three and a half more years! Kevin Williamson. National Review. 8/20/17.

Here’s what’s better than removing Donald Trump. Robert Reich. Salon. 8/21/17.

The Democratic Case for Not Impeaching Trump. T.A. Frank. Vanity Fair. 8/22/17.

What's worse than leaving Trump in office? Impeaching him. Jonathan Turley. PostEverything. 8/24/17.

Impeachment is Not a Mulligan. Jim Geraghty. National Review. 12/19/17.

Impeachment might not be the wisest course. Jennifer Rubin. WaPo. 3/8/18.

The Constitutional Case Against Impeaching Trump. Alan Dershowitz. Forward. 6/28/18.

If You're Hoping Trump Will Be Impeached, Be Careful What You Wish For. David S. Cohen. Rolling Stone. 09/14/18. 

 

The Likelihood of Impeachment

Articles and posts considering whether President Trump can or will be impeached.

The Inevitability of Impeachment. Robert Kuttner. HuffPo. 1/29/17.

How dangerous are the cracks emerging in Trump’s wall of support? Marc Fisher. WaPo. 5/17/17

Will Donald Trump be Impeached? Nate Silver. FiveThirtyEight. 5/22/17.

Will Republicans Impeach Trump? Lee Drutman. Vox. 6/1/17.

Trump Can Commit All the High Crimes He Wants. Republicans Aren’t Going to Impeach Him. Jonathan Chait. NYMag. 6/7/17.

Impeaching Trump is a Heavy Lift. Jonathan Rauch. Lawfare. 6/17/17.

Just Wait: How a Presidency Ends. Frank Rich. NYMag. 6/25/17.

Want to Get Rid of Trump? Only Fox News Can Do That. Robert Leonard. NYT. 7/5/17.

It Will Get Worse. Jamelle Bouie. Slate. 7/6/17.

"The truth is that Republicans failed." A conservative columnist on the GOP's capitulation to Trump. Sean Illing. Vox. 7/13/17.

Abandon Trump? The Republican Party Godot Moment. David Schultz. HuffPo. 7/15/17.

We Just Might Be Stuck With Donald Trump. Brian Beutler. New Republic. 8/15/17.

GOP, voters set high bar for impeachment. David Brady and Brett Parker. RealClearPolitics. 8/25/17.

Why Trump's DACA Deal Will Lead to His Impeachment. Rachel Stockman. LawNewz. 9/14/17.

How the Trump Nightmare Ends. Robert Kuttner. Huffington Post. 9/17/17.

How Alabama Senate Election Results Could Trigger Trump’s Impeachment. Jason Le Miere. Newsweek. 9/26/17.

Donald Trump Won’t Be Impeached. Cheryl Chumley. Washington Times. 10/16/17.

Trump's GOP Firewall. Tim Alberta. Politico Mag. 11/1/17.

The Odds of Impeachment Are Dropping. Peter Beinart. The Atlantic. 12/3/17.

Trump’s Impeachment Prospects Have Little to Do with the Law. David French. National Review. 1/7/18.

Trump Is Here to Stay. Matt Ford. New Republic. 1/22/18.

Can Donald Trump Be Impeached? Andrew Sullivan. NYT. 3/12/18.

Lindsey Graham says firing Mueller would be the ‘beginning of the end’ for Trump. Don’t bet on it. James Downie. WaPo. 3/18/18.

Even Republicans Have Used the ‘I’ Word, but Would Firing Mueller Get Trump Impeached? NYT. 4/1/18.

The Law Is Coming, Mr. Trump. The New York Times Editorial Board. NYT. 4/10/18.

From ‘The Apprentice’ to ‘The Impeachment.’ Gregg Opelka. WSJ. 5/10/18.

The impeachment of Donald Trump: Is it really coming? Republicans definitely think so. Heather Digby Parton. Salon. 5/11/18.

Why Congress Wouldn’t Impeach Trump for Shooting James Comey. Jonathan Chait. NY Mag. 6/4/18.

Why Trump impeachment is a really tall order. Walid Jawad. Al Arabiya. 7/25/18.

The Liberal Faith in the Inevitability of Impeachment. Jim Geraghty. National Review. 7/30/18.

The Trump Impeachment Threat Just Got More Real. Abigail Tracy. Vanity Fair. 8/31/18.

 

Impeachable and Potentially Impeachable Offenses 

Descriptions of and arguments about the impeachability of different kinds of conduct, and whether certain acts President Trump may have or has committed are impeachable or potentially impeachable.

General

Many want to know Donald Trump's state of mind. So do the courts. Joshua Matz. The Guardian. 5/16/17.

If Donald Trump is a Crook, What Kind of Crook is He? Susan Hennessey, Benjamin Wittes. Foreign Policy. 7/6/17.

The Impeachable Offense and the Modern Presidency. Bob Bauer. Lawfare. 9/14/17.

More Rules of Impeachment. Allan Lichtman, reply by Noah Feldman and Jacob Weisberg. New York Review of Books. 9/28/17.

Cohen Implicates President Trump. What Do Prosecutors Do Now? Adam Liptak and Jim Rutenberg. NYT. 8/21/18.

Trump's Mental Incapacity Is No Defense to Impeachment. Ron Fein. HuffPo. 9/6/18.

 

Defining "High Crimes and Misdemeanors"

High Crimes and Misdemeanors. Mark Joseph Stern. Slate. 1/4/17.

What Are Impeachable Offenses? Noah Feldman and Jacob Weisberg. New York Review of Books. 9/28/17.

Impeachment: The Constitution’s Fiduciary Meaning of “High Crimes and Misdemeanors.” Robert G. Natelson. Federalist Society. 6/19/18.

An Impeachable Offense Is a Criminal Offense: A Response to Tribe and Matz. Nikolas Bowie. Take Care. 6/20/18.

 

Obstruction of Justice: Generally

The Law of Lying: Perjury, False Statements, and Obstruction. Helen Murillo. 3/22/17.

Can a President Obstruct Justice? David B. Rivkin Jr. and Lee A. Casey. WSJ. 12/10/17.

President Trump Shouldn't Be Impeached if He Hasn't Committed a Crime. Nikolas Bowie. Take Care. 5/22/17.

Trump still could have obstructed justice — even if he didn’t break the law. Steve Vladeck. PostEverything. 6/16/17.

That's All Trump’s Lawyers Have? Jennifer Rubin. WaPo. 9/1/17.

All the President's Defenses. Harry Litman and Mark Greenberg. Lawfare. 9/10/17.

Presidential Obstruction of Justice: The Case of Donald J. Trump (pdf). Barry Berke, Noah Bookbinder, and Norm Eisen. Brookings. 10/10/17.

Obstruction of Justice and President Trump: Comments on a New Report. Emma Kohse and Benjamin Wittes. Lawfare. 10/10/17.

A Response to Lawfare's Comments on Our Obstruction Report. Barry Berke, Noah Bookbinder, and Norm Eisen. Lawfare. 10/12/17.

Five Questions for Alan Dershowitz on the Criminalization of Political Differences. Ben Wittes. Lawfare. 12/4/17.

Why Trump’s Lawyer is Dead Wrong on Obstruction of Justice. Daniel Hemel. Just Security. 12/4/17.

Yes, Trump can be guilty of obstruction. Jed Shugerman. Shugerblog. 12/4/17.

How Can the President Obstruct Justice? Ben Wittes. Lawfare. 12/5/17.

Trump’s lawyer says a president can’t be charged with obstruction of justice. Wrong. Randall D. Eliason. WaPo. 12/5/17.

No one is above the law. Alan Dershowitz. The Hill. 12/5/17.

Senator Dianne Feinstein may be provoking a constitutional conflict. Alan Dershowitz. Boston Globe. 12/5/17.

Obstruction of Justice and the Presidency: Part I. Josh Blackman. Lawfare. 12/5/17.

Obstruction of Justice and the Presidency: Part II. Josh Blackman. Lawfare. 12/12/17.

Obstruction of Justice and the Presidency: Part III. Josh Blackman. Lawfare. 12/18/17.

Yes, the President Can Obstruct Justice through Official Acts. Jed Shugerman. Take Care/Shugerblog. 12/12/17.

Yes, the President can obstruct justice through official acts (Obstruction Part 2). Jed Shugerman. Shugerblog. 12/12/17.

Why Donald Trump can’t be charged with obstruction. Alan Dershowitz. Maclean’s. 12/14/17.

Why Donald Trump can be charged with obstruction. Laurence H. Tribe. Maclean’s. 12/15/17.

When Politics is Criminalized. Alan Dershowitz. NYT. 12/26/17.

Yes, Trump can legitimately be charged with obstruction of justice. Paul Butler and Nancy Gertner. Boston Globe. 12/26/17.

The Big Takeaways from the Latest Obstruction Revelations. Kate Brannen. Just Security. 1/5/18.

Did Trump Obstruct Justice? Barry Berke, Noah Bookbinder and Norman L. Eisen. NYT. 1/5/18.

Can a president be impeached for non-criminal conduct? Alan Dershowitz. 1/16/18.

Timeline of Trump and Obstruction of Justice: Key Dates and Events. Artin Afkhami. Just Security. 1/25/18.

An Article of Impeachment Against Donald J. Trump. David Leonhardt. NYT. 1/28/18.

The Obstruction Case against Trump Still Has a Way to Go. David French. National Review. 2/1/18.

Supreme Court Cases Support Obstruction Charges Against the President. Alex Whiting. Just Security. 3/5/18.

What Obstruction Law Applies to the President? Josh Blackman. Lawfare. 5/6/18.

A President’s Guide to ‘Obstruction of Justice.’ Cass Sunstein. Bloomberg. 5/8/18.

The real impeachment question isn't if Trump broke the law. It's if we can survive him. Laurence Tribe and Joshua Matz. USA Today. 5/16/18.

A president can’t obstruct justice? That’s not quite right, legal scholars say. Matt Zapotosky. WaPo. 6/3/18.

How to Read the January Letter From Trump’s Lawyers to Mueller’s Office. Quinta Jurecic and Benjamin Wittes. Lawfare. 6/4/18.

 

Obstruction of Justice: Comey

This is Not a Drill. David Frum. The Atlantic. 5/9/17.

By firing James Comey, Trump has put impeachment on the table. Matthew Yglesias. Vox. 5/10/17.

Trump Attempts to Blackmail Comey. Really. Rod Dreher. American Conservative. 5/12/17.

First Tragedy, Now Farce. Michael Bloom, Jon D. Michaels. Take Care. 5/15/17.

Why Trump's Motives Do (And Don't) Matter: The Comey/Flynn Incident. Joshua Matz. Take Care. 5/17/17.

Does Comey's Statement Give Grounds to Impeach Trump? The Experts' View. Julian Borger, Sabrina Siddiqui, Jon Swaine. 6/8/17.

History, Precedent, and Comey's Opening Statement Show Trump Did Not Obstruct Justice. Alan Dershowitz. Washington Examiner. 6/8/17.

In the View of the Supreme Court, Alan Dershowitz is Wrong About the Powers of the President. Rick Pildes. Lawfare. 6/9/17.

Sorry Dems, Comey's Words Too Weak to Impeach Trump. Jonathan Turley. The Hill. 6/9/17.

Congress Has What it Needs to Impeach Trump. John Nichols. The Nation. 6/9/17.

Open and Shut. Samuel Buell. Slate. 7/6/17.

Laying out a comprehensive case that Trump obstructed justice. Jennifer Rubin. WaPo. 10/10/17.

It is Now an Obstruction Investigation. Andrew McCarthy. National Review. 12/4/17.

Mueller’s obstruction of justice case against Trump looks damning. Zach Beauchamp. Vox. 1/24/18.

It’s Now Likely Mueller Thinks Trump Obstructed Justice. Renato Mariotti. 1/26/18.

Completely Missing the Point on Lisa Page’s Obama Text. Andrew C. McCarthy. National Review.  2/8/18.

Why is Andrew C. McCarthy So Sure That Trump Hasn’t Obstructed Justice? Gabriel Schoenfeld. Lawfare. 2/16/18.

Is There an Obstruction Case against President Trump? Andrew C. McCarthy. National Review.  2/17/18.

Andrew C. McCarthy Changes His Tone on Obstruction of Justice. Gabriel Schoenfeld. Lawfare. 2/20/18.

Obstruction Confusions. Andrew C. McCarthy. National Review. 2/21/18.

Obfuscating Obstruction. Gabriel Schoenfeld. Lawfare. 2/27/18.

Mueller’s Uphill Battle: Obstruction Law and the Comey Firing. Samuel Estreicher and David Moosmann. 2/26/18.

New Evidence of Obstruction of Justice in House Intelligence Committee Minority Report. Ryan Goodman. Just Security. 4/28/18.

 

Obstruction of Justice: Mueller

If Trump fires Mueller, he should be impeached. Brian Beutler. The New Republic. 6/12/17.

If Trump fires special counsel Mueller, he will be impeached. Brent Budowsky. The Hill. 6/13/17.

If Trump fires Mueller (or orders his firing). Jack Goldsmith. Lawfare. 7/13/17.

Yeah, Trump Is Probably Going to Fire Robert Mueller. Rich Lowry. National Review. 7/20/17.

What if Trump fires Mueller or Starts Mass Pardons? It Would Backfire. Jed Shugerman. Take Care. 7/21/17.

When Will President Trump Fire Robert Mueller? David A. Graham. The Atlantic. 7/21/17.

Does Trump Have a Case Against Mueller? Politico Magazine. 7/21/17.

The Case for Impeaching Trump if he Fires Robert Mueller. Conor Friedersdorf. The Atlantic. 7/24/17.

Why Team Trump Needs to Lay Off the Mueller Probe. Bob Bauer. NYT. 12/11/17.

Criticism of Mueller Isn’t a Threat to the Rule of Law. Jonathan Tobin. National Review. 12/22/17.  

What Will You Do if Mueller is Fired? Andrew Crespo. Take Care. 12/23/17.

Leave Robert Mueller Alone. David Kendall. WaPo. 12/28/17.

The President Can’t Kill the Mueller Investigation. Jack Goldsmith. Lawfare. 1/1/18.

Three Insights into Attempted Firing of Mueller and Obstruction of Justice. Ryan Goodman. Just Security. 1/26/18.

Could Trump Have “Directed” Mueller’s Removal? Marty Lederman. Just Security. 1/26/18.

Could lying about trying to fire Mueller put Trump in even more hot water? Aaron Blake. WaPo. 1/27/18.

If Trump Fires Mueller, Congress Must Impeach. John Nichols. The Nation. 3/20/18.

GOP senator: Firing Mueller could trigger impeachment. Jordain Carney. The Hill. 4/25/18.

Trump Can End the Russia Probe—But That Doesn’t Mean He Can Obstruct It. Timothy Edgar. Take Care. 6/13/18. 

 

Obstruction of Justice: Other

Citizen Trump, the ‘nothing burger’ and impeachment. Saikrishna Prakash. WaPo. 7/5/17.

Pence and Obstruction of Justice. Jed Shugerman. Take Care/Shugerblog. 9/5/17.

Ability to Charge Flynn Strengthens Case of Obstruction of Justice against Trump. Ryan Goodman. Just Security. 11/5/17.

Why it’s Far Worse for Trump to Fire Rosenstein than to Fire Mueller. Asha Rangappa. Just Security. 1/18/17.

The Russia Cover Up and Conspiring to Lie to Federal Authorities. Ryan Goodman. Just Security. 1/25/18.

President Trump and Concealing Evidence in the Russia Probe. Alex Whiting and Ryan Goodman. Just Security. 2/1/18.

It’s Going to Be Much, Much Harder for Trump to Fire Rod Rosenstein Now. Dahlia Lithwick. Slate. 2/16/18.

If firing Mueller would be impeachable, what about other acts of interference? Jennifer Rubin. WaPo. 3/21/18.

Six Takeaways From Trump’s Threats Against Rod Rosenstein. Susan Hennessey, Matthew Kahn, and Benjamin Wittes. Lawfare. 4/12/18.

 

Impropriety involving Russia

Trump’s Damning Responses to the Russia Investigation. Ryan Lizza. The New Yorker. 5/24/17.

How Trump Digs a Deeper Legal Hole When He Tweets. Paul Barrett. Bloomberg. 6/12/17.

Fox News Figureheads Suggest Collusion with Russia Would Not Be Illegal. Graham Lanktree. Newsweek. 6/26/17.

Does Trump's Tangled Russia Web Constitute Collusion? Chris Smith. Vanity Fair. 6/30/17.

The Time I Got Recruited to Collude with the Russians. Matt Tait. Lawfare. 6/30/17.

If Donald Trump is a Crook, What Kind of Crook is He? Susan Hennessey, Benjamin Wittes. Foreign Policy. 7/6/17.

The Wall Begins to Crumble: Notes on Collusion. Benjamin Wittes, Jane Chong, Quinta Jurecic. Lawfare. 7/11/17.

Are Donald Trump, Jr.,'s Emails About Meeting with a Russian Lawyer Evidence of a Crime? Jeffrey Toobin. The New Yorker. 7/11/17.

Is Donald Trump, Jr., Taking the Fall for the White House? John Cassidy. The New Yorker. 7/11/17.

The other shoe has fallen, and the Trump presidency may fall with it. Yochi Dreazen. Vox. 7/11/17.

The Key to the Russia-Trump Scandal? Follow the data. Will Bunch. Philadelphia Daily News. 7/11/17.

There is Now Evidence that Senior Trump Administration Officials Attempted to Collude with Russia. David French. National Review. 7/11/17.

Trump, Russia, and the Misconduct of Public Men. Andrew C. McCarthy. National Review. 7/12/17.

Is it a crime? Russian election meddling and accomplice liability under the Computer Fraud and Abuse Act. Helen Klein Murillo. Take Care. 7/13/17.

The Benefit of the Doubt Is Gone. Jonah Goldberg. National Review. 7/14/17.

Trump Jr.’s Russia meeting sure sounds like a Russian intelligence operation. Rolf Mowatt-Larssen. 7/14/17.

The latest evidence of Trump’s unfitness may be the most revolting. Ruth Marcus. WaPo. 7/14/17.

Did Trump Campaign Collude with Russia to Defeat Republican Opponents in GOP Primary? Ryan Goodman. Just Security. 7/18/17.

Considering Trump’s Legal Position (and Problems) After the New York Times Interview. Bob Bauer. Lawfare. 7/20/17.

The quest to prove collusion is crumbling. Ed Rogers. The Washington Post PostPartisan. 7/27/17.

Oh, Wait. Maybe It Was Collusion. Steve Hall and John Sipher. NYT. 8/2/17.

Flynn’s Plea and the Significance of the Lying in the Russia Investigation. Bob Bauer. Lawfare. 12/4/17.  

Suspend Robert Mueller's politically tainted investigation into Russia-Trump collusion. James S. Robbins. USA Today. 12/11/17.

Collusion Doesn’t Have to be Criminal to be an Ongoing Threat. Alex Finley, Asha Rangappa, and John Sipher. Just Security. 12/15/17.

Will President Trump be charged with collusion in 2018? Not a chance. Jessica Levinson. NBC News. 12/27/17.

The Trump Campaign-Russia Alliance and Campaign Finance. Bob Bauer. Just Security. 1/19/2018.

The Mysteries of the Trump-Russia Investigation: Known Unknowns. Kate Brannen. Just Security. 2/8/18.

President Trump's Russia denialism is grounds for impeachment. Kurt Bardella. USA Today. 2/16/18.

Grounds for Trump’s impeachment. Sean Wilentz. NY Daily News. 3/1/18.

Why the F.B.I. Raid Is Perilous for Michael Cohen — and Trump. Ken White. NYT. 4/10/18.

There is no resuscitating the Trump-Russia collusion story. Ed Rogers. WaPo. 4/30/18.

Crime or Slime: Making Sense of Michael Cohen’s Shell Company. Barbara McQuade. Just Security. 5/11/18.

The Cohen Reimbursements and ‘Retainers’: Tall Tales and Other Possibilities. Bob Bauer. Lawfare. 5/4/18.

The Cohen Reimbursements and Retainers: Part II. Bob Bauer. Lawfare. 5/7/18.

Yes, Colluding With Russians to Interfere with the Election Is a Crime. Randall Eliason. Sidebars. 7/5/17.

Mueller may now have enough to charge collusion as criminal conspiracy. Jed Shugerman. Shugerblog. 2/20/18.

They would wound our security to save the president’s skin. Jennifer Rubin. WaPo. 5/21/18.

What Could Michael Cohen Tell Mueller about Russia Collusion? Ryan Goodman. Just Security. 6/13/18.

Paul Manafort = Evidence of Collusion. Ryan Goodman. Just Security. 6/15/18.

Timeline: Trump’s Acts of Accommodation/Engagement with Russia, Nov. 2016-June 2018. Just Security. 6/20/18.

Where the Heck Did the Term “Collusion” Come From? Victoria Clark. Lawfare. 6/29/18.

Standards for Impeachment: Trump's Defense of Putin in the Face of Russia's Electoral Attacks. Bob Bauer. Lawfare. 7/17/18.

Did Trump Just Admit to an Impeachable Offense? David Lurie. Slate. 8/5/18.

 

Executive Overreach

Suing the President for Executive Overreach. Jack Goldsmith. Lawfare. 6/30/14.

Executive Power Run Amok. John Yoo. NYT. 2/6/17.

Rights, Powers, Duties, and Responsibilities: The Language of Presidential Compliance with the Law. Ira Lupu. Take Care. 5/18/17.

Somebody Should Sue the Hell Out of Donald Trump If He Lets Obamacare Collapse. Cristian Farias. NYMag. 7/18/17.

Note to President Trump: You Already Own It. Michael Dorf. Take Care. 7/20/17.

Impeachment-Proof? The President's Unconstitutional Abuse of His Constitutional Powers. Jane Chong. Lawfare. 1/2/18.

 

Treason

Treason and Cyberwarfare. Carlton F.W. Larson. Take Care. 7/27/17.  

Is Donald Trump a Traitor? Frank Risen. The Intercept. 2/16/18.

Trump keeps throwing around the word ‘treason’ — which may not be a great idea. Aaron Blake. WaPo. 5/15/18.

 

Bribery

How Michael Cohen’s Apparent Russia Payment Might Help Prove Collusion. Jed Shugerman. Slate. 5/9/18.

Why Is Mike Pence Calling for an End to the Mueller Probe? Jed Shugerman. Slate. 5/10/18.

 

The Pardon Power

Articles and posts analyzing the pardon power; whether President Trump may pardon himself; whether certain uses of the pardon pardon may be impeachable; and Trump’s pardon of former sheriff Joe Arpaio.  

The President Actually Has Enormous Power To Pardon Basically Whomever He Wants. Chris Geidner. Buzzfeed. 8/3/17.

The Pardon Power is a Bug, Not a Feature. Michael Dorf. Take Care. 11/1/17.

Robert Mueller Has a Plan. Jed Shugerman. Slate. 12/1/17.

The Executive Branch's Extraordinarily Broad View of the Presidential Pardon Power. Maddie McMahon and Jack Goldsmith. 5/31/18.

Five myths about presidential pardons. Brian C. Kalt. WaPo. 6/7/18.

Donald Trump’s Pardon Power and the State of Exception. Quinta Jurecic. Lawfare. 6/11/18.

Trump’s Corrupt Use of the Pardon Power. Mark Greenberg and Harry Litman. Lawfare. 6/19/18.
 

Self-Pardoning

Can Trump Pardon Himself? Brian Kalt. Foreign Policy. 5/19/17.

President Trump is considering pardoning himself. I asked 15 experts if that's legal. Sean Illing. Vox. 7/21/17.

No, Trump Can’t Pardon Himself. The Constitution Tells Us So. Laurence H. Tribe, Richard Painter, Norman Eisen. WaPo. 7/21/17.

Yes, Trump can legally pardon himself or his family. No, he shouldn’t. Jonathan Turley. WaPo. 7/21/17. (Follow-up blog post responding to Tribe/Painter/Eisen here.)

I Beg My Pardon? Gene Healy. Cato at Liberty. 7/24/17.

Can Donald Trump Pardon Himself? The Economist. 7/25/17.

Preet Bharara says Trump pardoning himself would be 'almost self-executing impeachment.' Maegan Vasquez. CNN. 6/3/18.

Trump and Giuliani Accidentally Make the Case for Impeachment. David A. Graham. The Atlantic. 6/4/18.

Yes, Donald Trump can pardon himself, but it would be a disastrous idea. Jonathan Turley. USA Today. 6/4/18.

What the Freakout over Trump’s Self-Pardon Claim Misses. Charles C.W. Cooke. National Review. 6/4/18.

A Smorgasbord of Views on Self-Pardoning. Jack Goldsmith. Lawfare. 6/5/18.

How Democrats should address Trump’s self-pardon claim. Jennifer Rubin. WaPo. 6/5/18. 

No, President Trump, You Are Not Above the Law. Amanda Shanor. Take Care and ACLU Blog. 6/19/18.

Self-Pardons: The President Can't Pardon Himself, So Why Do People Think He Can? Philip Bobbitt. Lawfare. 6/20/18.

 

Pardoning to Obstruct Justice

Possible Presidential Pardon Scenarios. Andy Wright. Just Security. 7/19/17.

What if Trump fires Mueller or Starts Mass Pardons? It Would Backfire. Jed Shugerman. Take Care. 7/21/17.

If Trump Pardons, It Could Be a Crime. Daniel Hemel and Eric Posner. NYT. 7/21/17.

Undemocratic Pardoning. Bernadette Meyler. Take Care. 7/24/17.

If Trump Abuses His Pardon Power, Congress Should Impeach Him. John Nichols. The Nation. 7/24/17.

Congress’ impeachment power is as absolute as Trump’s pardon power. Michael Stokes. National Review. 7/25/17.

Pardons, Impeachment, and Politics. Neil H. Buchanan. Dorf on Law. 8/31/17.

"The Complete Power to Pardon" and "the Sole Power of Impeachment.” Gene Healy. Cato at Liberty. 9/1/17.

Begging Your Pardon, Mr. President. David B. Rivkin Jr. and Lee A. Casey. WSJ. 10/29/17.

Trump Can Pardon Manafort. He Shouldn’t. John Yoo. NYT. 10/31/17.

The Pardon Boomerang: Why Trump Associates May Need to Decline Any Offer of a Pardon. Ryan Goodman. Just Security. 2/21/18.

This overlooked part of the Constitution could stop Trump from abusing his pardon power. Jed Shugerman and Ethan J. Leib. WaPo. 3/14/18.

Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute. Alex Whiting. Just Security. 3/28/18.

Pardoning Flynn and Manafort would be grounds for an impeachment investigation. The LA Times Editorial Board. LA Times. 3/30/18.

 

Pardoning former sheriff Joe Arpaio

Trump's Pardon of Joe Arpaio is an Impeachable Offense. Frank Bowman. Slate. 8/26/17.

President Trump Should Be Impeached for Pardoning Joe Arpaio. Ian Haney López. The Nation. 8/26/17.

Why Trump's Arpaio Pardon Follows Law, Yet Challenges It. Adam Liptak. NYT. 8/26/17.

The Arpaio Pardon. Bob Bauer. Lawfare. 8/26/17.

Can Trump Be Impeached for Pardoning Joe Arpaio? Jeffrey Crouch. LA Times. 8/28/17.

Fascism, American Style. Paul Krugman. NYT. 8/28/17.

Collateral Damage: The Arpaio Pardon and the Separation of Powers. Josh Blackman. Lawfare. 8/30/17.

Trump's pardon of Arpaio can — and should — be overturned. Laurence Tribe and Ron Fein. WaPo. 9/18/17.

 

Violations of the Emoluments Clauses and Kleptocracy

Articles and posts considering Trump’s potentially impeachable conflicts of interest; potential foreign exploitation of those interests; and the use and abuse of the presidency for personal financial gain.

Why Trump Would Almost Certainly Be Violating the Constitution If He Continues to Own His Businesses. Richard Tofel. ProPublica. 12/2/16.

Trump Could Be in Violation of the Constitution on His First Day in Office. Norman Eisen, Richard Painter. The Atlantic. 12/7/16.

Should Congress Impeach Obama for his violations of the emoluments clause? Andy Grewal. Notice&Comment. 12/13/16.

Donald Trump will violate the US constitution on inauguration day. Laurence H. Tribe. The Guardian. 12/19/16.

Does the emoluments clause lawsuit against President Trump stand a chance? Jonathan Adler. The Volokh Conspiracy. 1/23/17.

The First Week in Donald Trump’s Kleptocracy Was Very, Very Kleptocratic. Josh Voorhees. Slate. 1/27/17.

Will Trump's Lawyers Rewrite and Invert the Emoluments Clause? Joshua Matz. Take Care. 4/18/17.

How the DOJ Brief in CREW v. Trump Reveals that Donald Trump is Violating the Foreign Emoluments Clause. Marty Lederman. Take Care. 6/12/17.

The Two Sides Of Donald Trump, As Reflected in The Government's Motion to Dismiss in the CREW Emoluments Case. Leah Litman. Take Care. 6/12/17.

Reading the Office of Legal Counsel on Emoluments: Do Super-Rich Presidents Get a Pass? Jane Chong. Lawfare. 7/1/17.

Exploitation of Public Office and the Foreign Emoluments Clause. Andy Grewal. Notice&Comment. 7/3/17.

What the Law is vs. What the Executive is Willing to Argue: Understanding the Stakes of the Emoluments Debate. Jane Chong. Notice&Comment. 7/5/17.

Trump is ushering in a kleptocracy. That's why he is being sued. Joshua Matz. Guardian. 7/14/17.

Trump Emoluments Argument Mirrors His “Just a Hope” Comey Defense. Michael Dorf. Take Care. 7/14/17.

An emoluments hearing: Can Trump flout the Constitution? Jennifer Rubin. WaPo. 6/8/18.

There Is Only One Trump Scandal. Adam Serwer. The Atlantic. 5/21/18.

 

Unpresidential Behavior

Articles and posts considering President Trump’s norms-busting behavior and actions; their impact; and their impeachability.

Violations of the Oath of Office

What Happens When We Don't Believe the President's Oath? Benjamin Wittes, Quinta Jurecic. Lawfare. 3/3/17.

Presidential Bad Faith. Laurence H. Tribe. Take Care. 3/16/17.

Trump's Remarks to Police Violate His Oath of Office. Rachel A. Harmon. The Marshall Project. 8/2/17.

Donald Trump Is Growing Frustrated with the Constitution. Abigail Tracy. Vanity Fair. 6/25/18.

 

Defiance of Norms

How Do We Contend with Trump's Defiance of 'Norms'? Emily Bazelon. NYT Mag. 7/10/17.

What it Means to be Presidential: Litigating Positions. Leah Litman. Take Care. 7/11/17.

The President’s Self-Destructive Disruption. Greg Weiner. NYT. 10/11/17.

 

 

Lying and Character

Trump’s bluff on White House tapes wasn’t just dishonest — it was also a failure. Aaron Blake. WaPo. 6/22/17.

More and More Trump Supporters Celebrate His Character Flaws. Ben Shapiro. National Review. 7/19/17.

Dear Anti-Trump Legal Derelicts, You Can't Remove Trump Over Mika Facelift Tweet. Robert Barnes. LawNewz. 7/29/17.

Death of a F**king Salesman. Kevin Williamson. National Review. 07/30/17.

Trump Disgusts Republicans. What Are They Going to Do? Megan McArdle. Bloomberg View. 8/17/17.

A President's Words Matter: Deception of the Public and the Impeachable Offense. Bob Bauer. Lawfare. 9/27/17.

The Increasing Unfitness of Donald Trump. David Remnick. The New Yorker. 1/5/18.

The President Is Not Fit for Office. Dahlia Lithwick. Slate. 1/9/18.

Many GOP politicians dislike Trump. They’re terrified to admit it. David Jolly. PostEverything. 5/1/18.

Democrats must fight for impeachment: It's the only real antidote for Donald Trump's lies. Peter Birkenhead. Salon. 7/12/18.

 

Attacks Targeting Government, the Press, Critics, and Others

Is Donald Trump Too Offensive to be President? T.A. Frank. Vanity Fair. 7/6/17.

The President vs. Federal Law Enforcement: Trump Attacks Everyone. Benjamin Wittes. Lawfare. 7/20/17.

When the president attacks the press. Carrie Cordero. Lawfare. 8/23/17.

Abuse of Power: The White House Slimes James Comey — Again. Susan Hennessey and Benjamin Wittes. Lawfare. 9/13/17.

Friends, Enemies, and Trump's First Amendment Violations. Robert Post. Take Care. 9/26/17.

Trump Impeachment Vote Could Happen Next Week In Response to President's NFL Protest Comments. Celeste Katz. Newsweek. 9/26/17.

How Trump’s attacks on protesting athletes have prompted an impeachment gambit. Mike DeBonis. WaPo. 9/27/17.

Let Trump say what he wants — the president has a right to free speech. Jonathan Turley. The Hill. 9/28/17.

A President's Words Matter, Part II: Impeachment Standards and the Case of the Demagogue. Bob Bauer. Lawfare. 10/11/17.

The Guy in the Bully Pulpit Can't Be a Bully. Noah Feldman. Bloomberg. 10/11/17.

President Trump Committed Another Impeachable Offense on Friday. Frank Bowman. Slate. 11/3/17.

A President Who Attempts to Ban Books That Expose Him Should Be Impeached. John Nichols. The Nation. 1/5/18.

The Demagogue as President: Speech, Action and the Big Parade. Bob Bauer. Lawfare. 2/9/18.

Trump's Baseless Amazon Attacks Can't Be Ignored. Jonathan Bernstein. Bloomberg. 4/4/18.

Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement. Bob Bauer. Just Security. 5/21/18.

Trump's assault on the department of justice is an attack on the rule of law. Lawrence Douglas. The Guardian. 5/27/18.

Was Trump’s Demand of the Justice Department Appropriate? Let the People Decide. Matthew Weybrecht. Lawfare. 6/6/18.

Impeachment and Presidential Rhetoric. Kate Shaw. Take Care. 6/14/18.

 

Style of Governance

Trump’s Brand Is Crisis. Matthew Continetti. National Review. 5/13/17.

Impeachment for “Impulsive, Ignorant Incompetence”? Gene Healy. Cato at Liberty. 10/11/17.

 

Foreign Policy

The greatest threat to the United States of America is its Own President. David Rothkopf. WaPo. 7/4/17.

Don’t just impeach Trump. End the imperial presidency. Jeet Heer. New Republic. 8/12/17.

Unilateral Rocket Man. Bruce Ackerman. Slate. 9/21/17.

 

Racism and Support for Hate Groups

Yes, Trump Could Be Impeached for Pro-Nazi Talk. Michael Tomasky. Daily Beast. 8/21/17.

Abandoning Puerto Rico Would Be an Impeachable Offense. Eugene Robinson. RealClearPolitics. 10/13/17.

Constitutional Connections: Racism and impeachment power. John Greabe. 1/21/18.

 

Congress’s Proper Role in the Impeachment Process

Articles and posts considering the role of Congress as a check on the executive, and the use of Congressional power to respond to abuses of power or other potentially impeachable conduct by the president. 

How to stop an autocracy. Ezra Klein. Vox. 2/7/17.

Want to Get Rid of Trump? Only Fox News Can Do That. Robert Leonard. NYT. 7/5/17.

The latest revelation won't end Trump's presidency. Only Paul Ryan can. Dylan Matthews. Vox. 7/11/17.

Impeachment Isn't a Job Best Left to Professionals. It's a Job for the Politicians. Greg Weiner. History News Network. 8/27/17.

Impeaching Trump is a long shot. There’s another way to protect the country. Robert Kagan. WaPo. 9/4/17.

The Broken Check and Balance. James Fallows. The Atlantic. 10/31/17.

Congress’ Impeachment Power and the Case of Presidential Obstruction. Bob Bauer. Lawfare. 12/20/17.

The Grand Obstruction Party. Brian Beutler. Crooked. 1/5/18.

Faust on the Potomac. Paul Krugman. NYT. 1/5/18.

Congressional Candidates, Not Mueller, Could Decide Trump’s Future. Alexander Burns and Charlie Savage. NYT. 5/17/18.

Discretion and the Impeachment Power. Brianne J. Gorod. Take Care. 6/12/18.

Impeaching Trump Is A Question for Congress, Not The Courts. Ron Fein. HuffPo. 7/17/18.

 

Censure

Could Congress Censure Donald Trump? Hannah Ryan. Just Security. 8/1/17.

 

Congressional Investigation

Possibly Impeachable Offenses: The Need for Congressional Investigation. Keith Whittington. Niskanen Center. 8/2/17.

It's Time: Congress Needs to Open a Formal Impeachment Inquiry. Jane Chong and Benjamin Wittes. Lawfare. 8/28/17.

Legal Grounds for an Impeachment Investigation of the President. Ron Fein, John Bonifaz, and Ben Clements. Take Care. 12/7/17.

A solution for Mueller: The Watergate model. Ken Starr. WaPo. 12/22/17.

The Republicans’ Fake Investigations. Glenn R. Simpson and Peter Fritsch. NYT. 1/2/18.

 

Historical Examples

The Contingency of Partisanship. Josh Chafetz. Take Care. 3/27/17.

 

The Mueller Investigation

Articles and posts considering the investigation by Special Counsel Robert Mueller, including the scope of that investigation; the Special Counsel’s power over the president; the Special Counsel’s ability to report his findings; and how to protect the Special Counsel from an obstructive firing.

Is Mueller’s Grand Jury Impeachment Step One? Andrew C. McCarthy. National Review. 8/5/17.

Why Hasn’t Rod Rosenstein Recused Himself from the Mueller Investigation? Jack Goldsmith. Lawfare. 1/5/18.

Mueller’s Investigation Crosses the Legal Line. Steven Calabresi. Wall Street Journal. 5/13/18.

Dispelling the NYT’s “The Daily” Podcast’s Misconceptions about Mueller’s Options. Ryan Goodman. 5/18/18.

Giuliani’s Bark Won’t Put Off the Mueller Investigation. John Cassidy. The New Yorker. 5/18/18.

The Mueller Investigation, One Year Later. Jonathan Bernstein. Bloomberg. 5/18/18.

One More Reason President Trump Shouldn’t Fire Special Counsel Mueller. Brianne J. Gorod. Take Care. 5/21/18.

How the Mueller Investigation Could Play Out for Trump. Michael S. Schmidt, Charlie Savage, Alicia Parlapiano, Angali Singhvi, and Tony Griggs. NYT. 5/23/18.

The Terrible Arguments Against the Constitutionality of the Mueller Investigation. George Conway. Lawfare. 6/11/18.

 

The Scope of the Investigation and Prosecutorial Discretion

Did Trump obstruct justice? Mueller must follow the facts without fear or favor. Andrew Crespo. Boston Globe. 5/20/17.

The Road to United States v. Trump is Paved with Prosecutorial Discretion. Andrew Crespo. Take Care. 5/21/17.

Not So Fast, Special Counsel. Frank Bowman. Slate. 7/18/17.

Trump team seeks to control, block Mueller’s Russia investigation. Carol D. Leonnig, Ashley Parker, Rosalind S. Helderman, Tom Hamburger. 7/21/17.

How White House Threats Condition Mueller’s Reality. Jane Chong, Quinta Jurecic, Benjamin Wittes. Lawfare. 7/21/17.

Expect Special Counsel Mueller to Follow the Money. John McKay. Lawfare. 9/8/17.

Mueller has a partisan pack of wolves and an illegitimate investigation Ned Ryun. The Hill. 12/17/17.

Is It Too Late for Robert Mueller to Save Us? Dahlia Lithwick. Slate. 12/1/17.

The Charging Mystery in the Russia Indictments—And Its Indication of What Comes Next in the Mueller Investigation. Bob Bauer. Just Security. 2/17/18.

About That Russia Indictment: Robert Mueller's Legal Theory and Where It Takes Him Next. Emma Kohse and Benjamin Wittes. Lawfare. 3/7/18.

Mueller’s Choice of Criminal Charges: Why the Trump Team Should Be Very Worried. Sam Berger. Just Security. 3/12/18.

Mueller’s Investigation Flouts Justice Department Standards. Andrew C. McCarthy. National Review. 3/17/18.

Andrew McCarthy's Puzzling Argument. Orin Kerr. Lawfare. 3/19/18.

What Tuesday’s Post Story Reveals About the Absurd OLC Opinions Protecting a President From Indictment—and Mueller’s Reading of his Authority. Bob Bauer. Lawfare. 4/5/18.

Why Being Named a “Subject” in Mueller’s Probe is Reason for Trump to Worry–Not Celebrate. Liam Brennan. Just Security. 4/6/18.

Michael Cohen, Attorney-Client Privilege and the Crime-Fraud Exception. Paul Rosenzweig. Lawfare. 4/10/18.

What Can We Say About Mueller’s 49 Questions? Benjamin Wittes. Lawfare. 5/1/18.

What Mueller’s Questions to Trump Reveal About the Future of the Russia Investigation. Ryan Goodman and Alex Whiting. Just Security. 5/1/18.

Nixon’s Long Shadow: Donald Trump’s Emerging Constitutional Defense Against Investigation–and Indictment. Bob Bauer. Just Security. 5/3/18.

Mueller’s Investigation Crosses the Legal Line. Steven G. Calabresi. WSJ. 5/13/18.

 

Indictment of the President and Presidential Immunity

A Constitutional Puzzle: Can the President Be Indicted? Adam Liptak. NYT. 5/29/17.

A Disabled Executive: The Special Counsel Investigation and Presidential Immunities. Bob Bauer. Lawfare. 6/19/17.

Is Mueller Bound by OLC’s Memos on Presidential Immunity? Andrew Crespo. Lawfare. 7/25/17.

The Practicalities of Presidential Prosecution. Brian Kalt. Yale Unbound. 9/19/17.

Mueller Has Authority to Name President Trump as an “Unindicted Coconspirator.” Ryan Goodman. Just Security. 10/29/17.

The Collateral Costs of a Logan Act Prosecution. Daniel Rice. Just Security. 12/7/17.

Don’t Prosecute Trump. Impeach Him. John Yoo and Saikrishna Prakash. NYT. 12/12/17.

Is President Trump Above The Law? Amelia Thomson-DeVeaux. FiveThirtyEight. 1/8/18.

There's No Way Mueller Will Indict Trump. Paul Rosenzweig. The Atlantic. 1/30/18.

Forget About Impeaching Trump. Bill Scher. Politico Mag. 4/4/18.

The indictment dilemma wouldn’t be a dilemma if Republicans upheld their oaths. Jennifer Rubin. WaPo. 4/6/18.

Giuliani says Mueller ‘can’t indict.’ It might go better for Trump if he does. Jonathan Turley. PostEverything. 5/18/18. 

Can’t Indict a President? That Could Hurt Trump. Neal Katyal. NYT. 5/21/18.

Giuliani’s New Tactic: Arguing Trump Can Literally Get Away With Murder. Margaret Hartmann. NY Mag. 6/4/18.

Yes, Mueller Can Indict Trump. Tom Jacobs. PS Mag. 6/6/18.

Indicting a President Is Not Foreclosed: The Complex History. Walter Dellinger. Lawfare. 6/18/18.

The Founders Would Agree: Trump Can Be Indicted. Dean Obeidallah. Daily Beast. 9/6/18.

 

Subpoenaing or Interviewing the President

Don't Expect Trump to Testify Anytime Soon. Harry Litman. Lawfare. 1/22/18.

Talking Up a “Perjury Trap,” Trump’s Team Prepares a Defense for the President. Alex Whiting. Just Security. 1/29/18.

If Trump Pleads the Fifth, Here Are Mueller’s Options. Alex Whiting. Just Security. 2/12/18.

Do Not Pass Go: The Predictable Results of Subpoena Defiance. Andy Wright. Just Security. 3/6/18.

Can the Presidency Trump a Special Counsel Subpoena? Steve Vladeck and Benjamin Wittes. Lawfare/Just Security. 5/2/18.

The Game Theory of a Trump Subpoena. Benjamin Wittes. Lawfare. 5/2/18.

Don’t Subpoena Testimony from the President. Keith Whittington. Lawfare. 5/4/18.

Privilege and Precedent. Stuart Taylor Jr. and Adam J. White. Weekly Standard. 5/11/18.

The Missing Justice Dep’t Memo on Whether a President Can Be Subpoenaed to Testify in a Criminal Case. Douglas W. Kmiec and Ryan Goodman. Just Security. 5/17/18.

Trump’s Subpoena Gamble: Fighting It Could Open Door to Indictment. Ryan Goodman. Just Security. 5/22/18.

The Trump Legal Team’s Remarkable Letter to Mueller. David Kris. Lawfare. 6/3/18.

 

Learning What the Special Counsel Knows

Will We Ever Learn What Bob Mueller Knows? Quinta Jurecic and Benjamin Wittes. Lawfare. 3/21/18.

Don't Expect a Starr-Like Report from Mueller. Jack Goldsmith and Maddie McMahon. Lawfare. 3/22/18.

‘What Mueller Knows’: Ensuring a Special Counsel Report in the Worst-Case Scenario. Bob Bauer. Lawfare. 3/29/18.

Can Mueller or Rosenstein Issue an Interim Report on Obstruction? Jack Goldsmith. Lawfare. 4/9/18.

The Mueller Protection Legislation Moves Forward—and Shifts Focus. Quinta Jurecic. Lawfare. 4/28/18.

Presidential Norms and the Special Counsel Investigation: Disclosures to Congress. David Kris. Lawfare. 5/3/18.

Normalcy and the Presidential Subpoena. Deborah Perlstein. Balkinization. 5/8/18.

 

Protecting the Special Counsel

Senator Graham’s Proposed Return to the Independent Counsel Statute and the Problem of Impeachment Anxiety Syndrome. Bob Bauer. Lawfare. 7/31/17.

Other Ways the Senate Can Protect the Mueller Investigation. Rick Pildes. Lawfare. 9/28/17.

Trump has the formidable power to fire Mueller, but the Constitution's constraints are also powerful. John Yoo and Saikrishna Prakash. LA Times. 12/20/17.

How Congress Can Protect the Mueller Investigation from Trump. Dan McLaughlin. National Review. 2/3/18.

It’s Time for Congress to Pass the Mueller Protection Bills. Steve Vladeck. Lawfare. 3/19/18.

We Need Special Court Procedure for the Removal of Special Counsels. Adam White. Lawfare. 3/26/18.

Taking the Mueller Protection Bills Seriously: A Response. Steve Vladeck. Lawfare. 3/28/18.

Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller. Marty Lederman. Just Security. 4/10/18.

With Scant Precedent, White House Insists Trump Could Fire Mueller Himself. Charlie Savage. NYT. 4/10/18.

Procedural Hurdles for the Mueller Protection Bills. Molly E. Reynolds. Lawfare. 4/16/18.

The Mueller Protection Legislation Moves Forward—and Shifts Focus. Quinta Jurecic. Lawfare. 4/28/18.

The Mueller Protection Legislation Moves Forward—and Shifts Focus. Quinta Jurecic. Lawfare. 4/28/18.

Shielding Mueller: Thoughts on Morrison v Olson. Richard Primus. Take Care. 5/23/18.

 

State Investigations

Articles and posts considering the power of state attorneys general as checks on the president.

Trump Can’t Escape the States. Jed Shugerman. Slate. 7/21/17.

The president can be indicted — just not by Mueller. Ronald Rotunda. WaPo. 7/27/17.

Can a Sitting President be Sued in a State Court? Richard Primus. Take Care/Balkinization. 12/21/17.

 

The 25th Amendment

Articles and posts considering the history, purpose, and potential use of the 25th Amendment, as well as its relationship to impeachment.

Is Donald Trump Mentally Ill? 3 Professors Of Psychiatry Ask President Obama To Conduct 'A Full Medical And Neuropsychiatric Evaluation.' HuffPo. 11/29/16.

Fifty Years After the Twenty-Fifth Amendment: Recommendations for Improving the Presidential Succession System. Second Fordham University School of Law Clinic on Presidential Succession. Fordham Law Review. 2017.

25th Amendment Archive. Fordham Law Archive of Scholarship & History. Undated.

Mental Health Professionals Warn About Trump. NYT. 2/13/17.

Congress Can Remove Donald Trump from Office without Impeaching Him. Samuel Briedbart, Vinay Nayak. Time. 3/7/17.

Trump, Trust, and the 25th Amendment. Jamal Greene. Take Care. 5/15/17.

The 25th Amendment Solution for Removing Trump. Ross Douthat. NYT. 5/16/17.

When the World is Led by a Child. David Brooks. NYT. 5/17/17.

Is Donald Trump Too Incapacitated to Be President? Dahlia Lithwick. Slate. 5/17/17.

The 25th Amendment Makes Presidential Disability a Political Question. Jeffrey Rosen. The Atlantic. 5/23/17.

Bill to create panel that could remove Trump from office quietly picks up Democratic support. Michael Isikoff. Yahoo News. 6/30/17.

Is Donald Trump Mentally Ill? Part 2 - 5 Professors of Psychiatry Say Donald Trump is "unraveling" and Call on Congress "to remove him from office." HuffPo. 7/11/17.

Is Donald Trump Crazy? No, but This 25th Amendment Talk Is. Gene Healy. Daily Beast. 7/17/17.

Read a House Democrat’s new bill asking for Trump to be removed via the 25th Amendment. Jeff Stein. Vox. 8/18/17.

Republicans are asking a horrific question: Is our president insane? David Horsey. LA Times. 8/28/17.

Who Decides Whether Trump is Unfit to Govern? Peter Kramer and Sally Satel. NYT. 8/29/17.

Trump could be removed for political incompetence — using the 25th Amendment. Eric Posner. WaPo. 9/12/17.

Long-Distance Psych Evaluations of Trump are Just Political Correctness by Another Name. Robin Ridless. The Federalist. 9/19/17.

The Case Against Using the 25th Amendment to Get Rid of Trump. Brian Kalt. NY Mag. 10/14/17.

The 25th Amendment Proves Why Trump's Mental Health Matters. Richard Painter and Leanne Watt. NBC. 10/18/17.

How do you get rid of Trump? An election, not the 25th Amendment. Jonathan Turley. PostEverything. 10/19/17.

How The 25th Amendment Actually Works — And What Nobody's Ever Figured Out. Chris Geidner. Buzzfeed. 11/1/17.

If Trump believes what he’s saying, we really do need to deploy the 25th Amendment. Jennifer Rubin. WaPo. 11/29/17.

Is Something Neurologically Wrong With Donald Trump? James Hamblin. The Atlantic. 1/3/18.

Everyone in Trumpworld Knows He’s an Idiot. Michelle Goldberg. NYT. 1/4/18.

It’s Been an Open Secret All Along. James Fallows. The Atlantic. 1/4/18.

I’ve Studied the Trump-Fox Feedback Loop for Months. It’s Crazier Than You Think. Matthew Gertz. Politico Mag. 1/5/18.

How far gone must a president be to be “unable to discharge the powers and duties of his office”? Michael Dorf. Dorf on Law. 1/9/18.

Taking the Text of the Twenty-Fifth Amendment Seriously. Mark Graber. Balkinization. 1/12/18.

Panel convened by Steyer questions Trump's mental state. Ayanna Alexander. Politico. 2/13/18.

The Twenty-Fifth Amendment to the United States Constitution: A Reader's Guide (PDF). Yale Law School Rule of Law Clinic. 4/18/18.

The Psychiatrist’s Goldwater Rule in the Trump Era. Alan Stone. Lawfare. 4/19/18.

Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide. Brian Kalt. Just Security. 5/18/18.

 

The 25th Amendment’s Relationship to Impeachment

Impeachment probably won't save us from Trump. But the 25th Amendment might. Paul Waldman. WaPo. 10/12/17.

The Overlap Between Impeachment and the 25th Amendment. Michael Dorf. Dorf on Law. 1/8/18.

Impeach Trump, Don’t Use the 25th Amendment, Says Co-Author of Succession Clause. Greg Price. Newsweek. 1/11/18.

Donald Trump’s Brain Is a Catch-22. Jeannie Suk Gersen. The New Yorker. 1/26/18.

 

Constitutional Crises and the State of American Democracy 

Articles and posts considering American democracy today; the role of the Trump campaign and President Trump in reshaping American politics; and whether Americans, and the courts, should grant actions by President Trump and his administration a “presumption of regularity.”

Donald Trump Is Saving Our Democracy. Frank Rich. NY Mag. 9/20/15.

When the facts don’t matter, how can democracy survive? Catherine Rampell. WaPo. 10/17/16.

An American Tragedy. David Remnick. The New Yorker. 11/9/16.

Will Donald Trump Destroy America? Jonathan Freedland. The Guardian. 11/10/16.

Is America a Failing State? David Rothkopf. Foreign Policy. 5/10/17.

The Coming Constitutional Crisis? Keith Whittington. Lawfare. 7/21/17.

Lawyers Aren’t Wizards. Dahlia Lithwick. Slate. 7/21/17.

Scenes from a Disjunctive Presidency. Jack Balkin. Balkinization. 8/29/17.

Will Donald Trump Destroy the Presidency? Jack Goldsmith. The Atlantic. 9/7/17.

The Constitution is Passing the Stress Test. Noah Feldman. Bloomberg. 9/20/17.

Trumpocalypse: The End Game. Timothy Egan. NYT. 12/8/17.

America Is Nowhere Near a Constitutional Crisis. Eric Posner. Foreign Policy. 12/26/17.

The Survival of Norms: The Department of Justice and the President’s ‘Absolute Rights.’ Bob Bauer. Lawfare. 1/1/18.

How to Pre-Empt a Constitutional Crisis. Dahlia Lithwick. Slate. 3/28/18.

Three Cliches About Trump That Have to Die. Ramesh Ponnuru. Bloomberg. 5/7/18.

Attacking Our Civic Faith. Paul Rosenzweig. Lawfare. 5/25/18.

Pardons, Obstruction of Justice and the Rule of Law in the Demagogic Presidency. Bob Bauer. Lawfare. 6/3/18.

The Rule of Law in the Demagogic Presidency, Part II: Giuliani’s Hypothetical of a Murder in the Oval Office. Bob Bauer. Lawfare. 6/4/18.

President Trump’s Lawyers Are Moving the Goalposts on Presidential Accountability. David French. National Review. 6/5/18.

How Do We Check the President? Erwin Chemerinsky. Take Care. 6/8/18.

Trump is no joke. Colbert I. King. WaPo. 6/8/18.

 

Presumptions of Regularity

Donald Trump Wants an Etch A Sketch Presidency. Dahlia Lithwick. Slate. 5/10/17.

On Presumptions of Regularity, and Incidents of Irregularity. Leah Litman. 5/11/17.

‘Neutral Principles’ and the ‘Presumption of Regularity’ in the Era of Trump. Josh Blackman. Lawfare. 9/7/17.

No Time to Pretend. Dahlia Lithwick. Slate. 4/30/18.

A Liar, A Bigot, A Criminal, A Sexual Predator and a Probable Traitor. Mark Graber. Balkinization. 5/3/18.

Pardons and the Presumption of Regularity. Paul Rosenzweig. Lawfare. 6/4/18.

 

Undoing or Redoing an American Election 

Articles considering what to do if an American election is found to be fraudulent, or if both the president and vice president are impeached.

Should the United States Have Special Elections for the Presidency? Ian Samuel. Take Care. 3/27/17.

Can Congress Call a Special Election if Trump and Pence are Impeached? Richard Primus. Take Care. 9/11/17.

Could we reverse a hacked presidential election? Vinay Nayak and Samuel Breidbart. Vox. 10/12/17.

On what should happen if the unthinkable happens. Larry Lessig. Medium. 10/13/17.

 

Historical Parallels

Articles considering and comparing Trump’s presidency to previous presidencies.

Nixon

How to Remove a President: What Nixon Might Tell Us About Trump’s White House. Newsweek. Reprinted 1975 piece. Re-published 7/20/17.

Trump Channels Nixon (Again). Neil H. Buchanan. Dorf on Law. 4/10/18.

OK, Now Is It Watergate? Elizabeth Drew. Politico. 5/10/17.

How Watergate Helped Republicans—And Gave Us Trump. Geoffrey Kabaservice. Politico. 5/22/17.

More Summer Reading for the White House: Woodward and Bernstein's "The Final Days." Jeffrey Toobin. The New Yorker. 7/12/17.

Poll: More support impeaching Trump than Nixon at start of Watergate. Jacqueline Thomsen. The Hill. 7/17/17.

What Watergate and Whitewater tell us about Trump’s drip, drip, drip. Joan Biskupic. CNN. 7/22/17.

John Dean: Nixon ‘Might Have Survived If There’d Been a Fox News.’ Edward-Isaac Dovere. Politico Mag. 1/2/18.

Trump’s obstruction of justice is far more extensive than Nixon’s. Harry Litman. WaPo. 2/12/18.

President Trump’s Approval Rating Has Been Steady. Richard Nixon’s Once Was Too. Nate Silver. FiveThirtyEight. 5/8/18.

There's nearly a Nixon '74 level of public support for impeaching Trump. Z. Byron Wolf. CNN. 6/22/18.

 

Clinton

I helped draft Clinton’s impeachment articles. The charges against Trump are more serious. Bob Inglis. WaPo. 6/13/17.

Not All Foreign-Influence Scandals Are Created Equal. John Fund. National Review. 7/16/17.

Is Mueller’s Trump Investigation A Clinton Impeachment Rerun? Robert Tracinski. The Federalist. 4/10/18.

We’ve seen this movie before. It ended with impeachment. Kathleen Parker. WaPo. 4/10/18.

How Not to Remove a President. Matt Ford. The New Republic. 4/16/18.

Then and now: How Congress reacted to impeachment threats against Presidents Clinton and Trump. JM Rieger. WaPo. 5/4/18.

The Only Thing Between Trump and Impeachment Is Brazen Republican Hypocrisy. Kurt Bardella. HuffPo. 8/3/18.

 

Other

Trump Behavior 'Unprecedented'? Check your history. Jake Novak. CNBC. 7/16/17.

Democrats with dreams of impeachment should consider how Iran-Contra turned out. Nicole Hemmer. Vox. 7/25/17.

Impeach Trump? History Counsels Against It. Allen C. Guelzo. WSJ. 5/25/18.

Donald Trump, Bill Clinton, and How Presidents View Impeachment. Amy Davidson Sorkin. New Yorker. 6/5/18.

 

 


A Tainting of Judicial Independence

10/8/18  //  In-Depth Analysis

Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law