//  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.

 


Versus Trump: An Impeachment Primer...

10/3/19  //  In-Depth Analysis

Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Whistleblower Scandal Contains Reminder of Last Scandal: Time for a New One?

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

Michael C. Dorf

Cornell Law School

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens