Treason and Cyberwarfare
By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.
The One Question Worth Asking
Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.
Trump, Pardons, and Guilt
By Mark Osler: Pardons by Trump would be a significant departure from what the pardon power has meant. Clemency is for the guilty, not the innocent.
By Bernadette Meyler: History teaches that Trump should not be considering whether he possesses the power to pardon himself but rather what the consequences of employing that power would be.
Russia and 'Enemies' under the Treason Clause
By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.
Updates | The Week of July 17, 2017
Representative Al Green continues his fight to impeach the President, but it is unlikely a majority of the Senate will join him, which some believe is an abdication of congressional duty.
Updates | The Week of June 12, 2017
"Hope" is a sufficient basis for obstruction of justice, argue Daniel Epps and Leah Litman (in one Take Care post) and Ryan Hayward (in another). Special Counsel Robert Mueller is investigating possible obstruction of justice by President Trump.
Updates | The Week of May 29, 2017
As calls by local officials for President Trump’s impeachment mounted, commentators continued to analyze the standard for impeachment.
Updates | The Week of March 27, 2017
Proposals for a "special election," potentially in response to evidence of Russian interference with the 2016 Presidential Election, raise major constitutional, political, and policy questions, as Ian Samuel explains on Take Care.
President Trump Shouldn't Be Impeached If He Hasn't Committed a Crime
It would be a grave mistake to call for President Trump's impeachment if he hasn't committed a crime. In an era of tit-for-tat partisanship, lowering the impeachment standard to “anything Congress thinks is wrong” is a recipe for dysfunctional government, one in which the House of one party could perpetually threaten to impeach the White House of another.
Why Impeachment Must Remain A Priority
The appointment of Special Counsel Robert Mueller must not lead progressives to put the thought of impeaching President Trump on a back-burner.
Can the President Pardon Himself? Well, He Can Try.
By Brian Kalt: Presidential pardons are an important part of our constitutional system of powers, checks, and balances. A self-pardon would test several others parts of that system. As interesting as that might be, here’s hoping that it never happens.
Trump, Trust, and the 25th Amendment
Imagine that the President lacked credibility entirely, whether because he was a pathological liar or because his lying was – hypothetically speaking – one symptom of a narcissistic personality disorder. Would there be anything the American people or government officials should or could do about it, short of waiting until the end of the President’s term.
Presidential Bad Faith
If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."
Versus Trump Podcast: Prosecuting Trump FAQ + James Williams
On today's two-part episode of Versus Trump, Take Care's podcast, we answer three burning questions related to whether the sitting President can face criminal charges, and how that prosecution could be started. We also have an interview with James Williams, the County Counsel for Santa Clara County, where he discusses his County's lawsuit against Trump Administration that has so far successfully prevented the Trump Administration from enforcing an executive order that would have withdrawn federal funding from so-called sanctuary cities.
First Tragedy, Now Farce
Those who forget history are indeed doomed to repeat it. But when history repeats, it often shifts in the repetition: first acts come as tragedy and then return as farce. By many measures, Nixon was a tragic figure. Trump, by contrast, is pure farce. And unlike tragedies, farces don’t end with a flash of recognition—a moment of self-awareness like King Lear’s on the heath. Farces just keep going until someone cries "enough!"