//  5/11/17  //  Uncategorized

We will keep this link updated with all Take Care analysis of the President's abrupt termination of FBI Director Comey. 

The Comey Firing in (Comparative) Context

Aziz Huq | 5/11/17

President Trump’s abrupt firing of FBI Director James Comey prompted two immediate questions: Is the firing legal, and is this a constitutional crisis? But are these even the right questions to pose?

On Presumptions Of Regularity, And Incidents Of Irregularity

Leah Litman | 5/11/17  

The presumption of regularity, like all presumptions, is rebuttable, not conclusive evidence

Trump's Firing of Jim Comey is the Latest Test of What Congressional Republicans Will Let Him Get Away With

Ian Samuel | 5/10/17 

It'll only matter if they make it matter.

Why Trump’s Firing of Comey is Terrifying

Zachary Price | 5/10/17

Our country has a very strong, very important norm of apolitical law enforcement. But this norm, ironically, is enforced mostly by politics, not law—and Trump’s action has risked doing it irreparable damage. Going forward, here's what to watch at the state and federal levels.

Why Firing Comey Guts DOJ's Main Defense of the Muslim Ban 

Joshua Matz | 5/10/17

Sometimes, when an emissary of the President asks courts to “trust us,” things the President does elsewhere can fatally undermine judicial confidence in the President’s respect for rule of law values. We’ve seen it before and we’re about to see it again.

It Was Legal for the President to Fire Comey. That’s the Problem.

Niko Bowie | 5/10/17

It’s already too late in the day to trust the executive branch to police itself. That lack of trust should extend to a special prosecutor, independent counsel, or whatever other nice terms you want to call it. At this point, only Congress can credibly investigate the President.

Fake Transparency

Neil Kinkopf | 5/9/17

As long as the Deputy Attorney General is writing memos making recommendations to the President, it is time to make a recommendation for the appointment of a special counsel.

Yes, The President Can Constitutionally Fire Comey

Jason Harrow | 5/9/17

According to breaking news reports, President Trump has fired FBI director James Comey. It's within his power to do that.

 


The Special Prosecutor and Government Institutions

1/15/19  //  In-Depth Analysis

Does the special prosecutor qualify as an 'institution'? Does it matter? (Hint: Yes, it does.)

David Marcus

UCLA Law School

Clear Statement: The Barr Memo is Disqualifying

1/14/19  //  Commentary

His dangerously misguided legal analysis demonstrates that William Barr is the wrong man to serve as Attorney General

Neil J. Kinkopf

George State University College of Law

Prosecuting the President

1/14/19  //  In-Depth Analysis

Why have presidents appointed special counsels when they are not required to do so? Why do presidents tolerate special counsels, even when they can fire them?

Andrew Coan

University of Arizona