//  5/9/17  //  Quick Reactions

According to breaking news reports, President Trump has fired FBI director James Comey. The first thing I thought was: can he do that? And the answer is yes, he can.

This 2011 opinion from the Office of Legal Counsel (OLC) provides the relevant law regarding the status of the FBI Director in the Administration. The opinion says that the Office's longstanding position has been that "the FBI Director is removable at the will of the President." It continues:

No statute purports to restrict the President’s power to remove the Director. Specification of a [ten-year] term of office does not create such a restriction. [Cite.] Nor is there any ground for inferring a restriction. Indeed, tenure protection for an officer with the FBI Director’s broad investigative, administrative, and policymaking responsibilities would raise a serious constitutional question whether Congress had “impede[d] the President’s ability to perform his constitutional duty” to take care that the laws be faithfully executed. Morrison v. Olson, 487 U.S. 654, 691 (1988).

Firing Comey is likely a bad idea, but we probably don't have a constitutional crisis on our hands. Yet.


Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Are We All Textualists Now?

12/5/18  //  Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

Versus Trump: Versus Whitaker (JH solo)

11/15/18  //  Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Jason Harrow

Equal Citizens