//  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.


Beyond Resistance: A Guide for Local Governments to Protect Their Communities

4/18/19  //  Latest Developments

By Jill E. Habig and Joanna Pearl: Here's how cities and states can protect their residents' rights

Take Care

Versus Trump: Healthcare Update (With Guest Greer Donley)

4/11/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Congress Has Another Avenue on Mueller’s Investigation

3/29/19  //  In-Depth Analysis

Congress may obtain information from the federal grand jury that has been working with Mueller’s team for the past two years

Brianne J. Gorod

Constitutional Accountability Center