The Overlap Between Impeachment and the 25th Amendment

1/9/18  //  Commentary

These are different mechanisms for achieving overlapping goals.

Michael C. Dorf

Cornell Law School

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

What Will You Do if Mueller is Fired?

12/23/17  //  Commentary

If your tendency, like mine, is to deliberate when called to action, my humble suggestion is simply this: Deliberate now. Reflect on what you will do now. Decide now.

Andrew Crespo

Harvard Law School

Yes, the President Can Obstruct Justice through Official Acts

12/12/17  //  In-Depth Analysis

If one branch — one person — can monopolize law enforcement with impunity, it is hard to see how their interpretation takes checks and balances, constitutionalism, and limited government seriously.

Jed Shugerman

Fordham Law School

Legal Grounds for an Impeachment Investigation of the President

12/7/17  //  Commentary

By Ron Fein et al: Based on publicly reported information, as of today there are at least eight grounds for the House to authorize the Judiciary Committee to begin hearings on whether to impeach President Donald J. Trump.

Take Care

The Pardon Power is a Bug, Not a Feature

11/1/17  //  Commentary

The pardon power is a kind of booby trap that threatens to explode our system of constitutional accountability.

Michael C. Dorf

Cornell Law School

Tax Consequences of Legal Defense Funds

10/24/17  //  In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

Take Care

Can Congress Call A Special Election if Trump and Pence Are Impeached?

9/11/17  //  In-Depth Analysis

Congress has the legal authority to remove the President and Vice-President and to call a special election to replace them. But the odds that it would ever do so are vanishingly small.

Richard Primus

University of Michigan Law School

The Self-Pardon Question: What Comes Next?

7/27/17  //  Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

Take Care

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

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.

Take Care

The One Question Worth Asking

7/25/17  //  Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

Daniel Hemel

University of Chicago Law School

Trump, Pardons, and Guilt

7/25/17  //  In-Depth Analysis

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.

Take Care

Undemocratic Pardoning

7/24/17  //  In-Depth Analysis

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.

Take Care

Russia and 'Enemies' under the Treason Clause

7/24/17  //  In-Depth Analysis

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.

Take Care

Can the President Pardon Himself? Well, He Can Try.

7/21/17  //  Commentary

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.

Take Care